Bail denied to man accused of thrashing cop who was fining him for mask violation

Update: 2021-05-19 18:48 GMT

New Delhi: Observing that the accused, along with his siblings, assaulting a police officer on duty with bricks and knives "was much graver than a routine offence", a Delhi court has dismissed a bail plea of a man accused of allegedly thrashing a policeman after the latter stopped and tried to issue a challan to him and his brother for not wearing a mask in public.

The court, presided by Additional Sessions Judge Vishal Singh, stated that it has no hesitation in observing that rather than following the required safety protocols and rules which have been laid out with regard to curbing the Covid-19 virus, "many of public persons brazenly violate the rules and put their as well as others health and safety at risk".

It was further noted that besides this, what is much more condemnable is "the attitude of several people (specifically applicant/accused herein) who violate the rules and assault the public officials who try to reason with them and enforce the safety protocols".

The police official in the present case, one Assistant Sub-Inspector Swatantra, has put his own safety at risk to enforce the safety at risk to enforce the safety protocols amongst public, the court noted, adding that "he was assaulted and injured by applicant/accused with two co-accused persons".

The Investigating Officer (IO) in the case has claimed that the accused persons also tore the police uniform and spectacles of the complainant officer.

ASJ Singh, in his order, ruled that the offence in the present case "was much graver than a routine offence". "The grant of bail to applicant/accused shall result in miscarriage of justice," the order read.

As per the case records, the incident took place on April 24 when ASI Swatantra was on official duty at Baljeet Nagar in the Anand Parbat area when he spotted two boys, one Ramzan and Aslam, roaming around the street without their masks on. Thereafter, when the officer caught hold of them and questioned them for violating Covid-19 guidelines, the accused could not give a satisfactory reply.

The ASI further went on to issue them a challan, on which the duo allegedly started misbehaving and beating him. Meanwhile, their sister and co-accused Sweety also came to the spot and started thrashing the officer.

Additional Public Prosecutor Reeta Sharma submitted that as a result the officer suffered multiple hand and head injuries. There were several video footage too where the accused persons could be seen beating the ASI and the same could be corroborated by eye-witnesses too, she argued.

Meanwhile, advocate RK Gaur, on behalf of Ramzan, stated that the police official had in fact misbehaved with the accused persons and started a quarrel over a "small issue". The counsel argued that the FIR falsely mentions the accused persons as using a knife and brick to hurt the complainant official.

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