The Delhi High Court issued a notice to the CBI on the bail plea of Subhash Chand, former incharge of the Delhi Police Narcotics Cell, who was arrested for allegedly demanding a bribe. His previous bail pleas were rejected by a trial court.
The Delhi High Court on Friday issued a notice to the CBI on the bail plea of Subhash Chand, former Incharge of the Narcotics Cell of Delhi Police. He has been arrested by the CBI, and his earlier bail pleas were rejected by the trial court.
He was posted as incharge of the Narcotics Cell of Delhi Police at Dwarka when he was arrested by the CBI. He has been arrested for allegedly demanding a bribe from a person for not implicating him in a narcotics case. The CBI has filed a charge sheet in this case.
Justice Girish Kathpalia issued notice to the CBI and sought a status report on the bail plea. Special Public Prosecutor (SPP) Rajni Gupta for the CBI accepted notice, and she was allowed to file a status report at least one week before the next date. The matter has been listed for hearing on September 11.
Lower Court Rejects Bail
On July 29, the Rouse Avenue court dismissed the second bail application of Chand. The accused had sought regular bail on the ground that the charge sheet has been filed and the accused Subhash Chand is not required for the purpose of investigation.
Special Judge (CBI) Vijeta Singh Rawat had rejected the plea, saying that merely filing of chargesheet would not automatically inure in favour of the accused. It is still required to be evaluated whether there is a possibility of witnesses being influenced.
CBI Court’s Rationale for Denial
The CBI court had pointed out, “During investigation, it has come on record that the CCTV recordings of the relevant period of the Narcotic Cell, Dwarka could not be recovered.”
The court further pointed out that the phone of the accused being used by him could not be recovered. The accused, as an officer of Delhi Police, whether or not under suspension, continues to have an influential position in society. “Therefore, the apprehension that he can influence the witnesses, some of whom are also his colleagues / sub-ordinates, is well founded. Hence, there are compelling reasons to allow continued detention of the accused, and it cannot be said to be punitive,” the Special CBI judge held.
Arguments on the Bail Plea
Defense Arguments
During arguements on the bail plea, the counsel for accsued argued that the accused is innocent and has been falsely implicated in the present case, which is speculative and inferential, founded merely on the allegation of the accused being the Incharge of Anti-Narcotics Cell, Dwarka, where the co-accused were under his supervisory control. It was further argued that as per the chargesheet, no prima facie case is made against the accused / applicant as the case of the prosecution suffers from inherent contradiction which goes to the root of the allegation of criminal conspiracy, adding that no recovery of bribe money has been made from the conscious possession, custody and personal search of the accused.
Prosecution’s Opposition
On the other hand, Public Prosecutor Vikas Khatri for CBI had opposed the bail application and argued that this Court has already opined on the nature and gravity of the offence while deciding the previous bail applications filed by the accused and that of co-accused Ajay Kumar. He had also referred to the order of July 1, 2026, and submitted that the Court has also observed that mere change of circumstance by filing of chargesheet would not entitle the accused to bail. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)