The Patiala House Court in Delhi has granted regular bail to Swatantra Bhardwaj in connection with the alleged assault of the father of a student activist during a Cockroach Janta Party (CJP) protest at Jantar Mantar.
Additional Sessions Judge Saurabh Pratap Singh Laler passed the order on Tuesday. The detailed order setting out the reasons and conditions for the grant of regular bail is awaited.
Bhardwaj had earlier been granted interim bail for three weeks on September 15. At that stage, the court had made the continuation of his liberty contingent upon his conduct during the interim period.
The court had imposed stringent restrictions on him, including a prohibition on publishing or sharing any material relating to the case, his defence or the complainant’s family through social media or other public platforms. He was also directed not to contact the complainant, his minor daughter or any prosecution witness, either directly or indirectly.
The case arises from an alleged altercation during a CJP protest at Jantar Mantar on June 23. The complainant, who belongs to the Scheduled Caste community, had participated in the demonstration with his daughter. Bhardwaj was subsequently accused of assaulting him during the incident.
The initial FIR invoked provisions of the Bharatiya Nyaya Sanhita relating to causing hurt and wrongful restraint. Provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were subsequently added following a supplementary statement by the complainant.
Bhardwaj was arrested in Uttar Pradesh in September and remained in judicial custody before securing interim bail. The prosecution had opposed his release, while his counsel argued that the case had been influenced by political considerations and disputed aspects of the allegations.
While granting interim relief, the court had also raised questions about the progress of the investigation. It noted that several aspects required further examination, including the authenticity and source of a podcast relied upon by the prosecution, CCTV footage from the protest site and other electronic evidence.
The court had directed the investigating agency to preserve and examine relevant CCTV footage, collect digital and social-media evidence, analyse call-detail and location records, and undertake forensic examination of electronic material relied upon by the parties.
The prosecution was also required to place before the court a report concerning Bhardwaj’s conduct during the interim bail period. The court had indicated that his conduct would be relevant while deciding his plea for regular bail.
With the court now granting regular bail, Bhardwaj will remain out of custody during the pendency of the proceedings, subject to the conditions imposed by the court. The allegations against him remain matters for adjudication during the trial.
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