Coronavirus: HC grants interim bail to retired BSF officer in case under SC/ST Act

A retired BSF officer, who feared of being vulnerable to coronavirus in jail due to his age and existing ailments, has been granted interim bail for 45 days by the Delhi High Court in a case of allegedly making casteist remarks to a neighbour over a property dispute.

Justice Brijesh Sethi, who conducted the hearing through video-conferencing, granted the relief to the 65-year-old man on furnishing a personal bond of Rs 15,000.

"Considering the above facts and circumstances of this case and in the interest of justice, while exercising the inherent powers under section 482, CrPC, the petitioner is granted interim bail for a period of 45 days. He be released on bail forthwith on furnishing a personal bond in the sum of Rs 15,000 to the satisfaction of the jail superintendent/duty metropolitan magistrate, if not required in any other case," the court said.

The man was accused in a case lodged at the Najafgarh police station for offences under the provisions of SC/ST Act and criminal trespass and criminal intimidation under the Indian Penal Code (IPC). The casteist remarks were allegedly made during a fight over an ongoing property dispute between the neighbours.

Advocates M K Ghosh and Tina Garg, representing the senior citizen, sought the relief on the ground that the dispute between the parties was civil in nature and the allegations against the petitioner were false. They said earlier in 2006, similar allegations were levelled against the petitioner.

The lawyers for the petitioner said their client was 65 years of age and suffering from hypertension, and he be released on interim bail in view of the COVID-19 pandemic as it was difficult to maintain social distancing in jail.

The prosecutor opposed the bail plea.

The judge noted in his order that the accused and the complainant were neighbours and the court finds that an earnest effort can be made by the parties to settle the dispute. The lawyers for the parties told the court that they were agreeable to the suggestion.