'Orchestrated Attempt To Keep Him In Custody', High Court Grants Bail To Former Punjab AIG Ashish Kapoor In Custodial Violence Case

The Punjab & Haryana High Court has granted bail to former Punjab AIG Ashish Kapoor in 2018 Custodial Violence case. Kapoor was book for voluntarily causing hurt for extortion, criminal conspiracy and criminal intimidation. 

It was alleged that Kapoor had torture and beaten a woman and her brother under police remand to force confession regarding property matters.

Perusing the cancellation report of another FIR on custodial rape and extortion, Justice Arun Monga said,

 "Perusal of the above reflects that conduct of the complainant herself appears to be highly dubious. There appears to be an orchestrated attempt on the part complainant in collusion with certain officials, be it out of vengeance or otherwise, to keep filing one FIR or after other to somehow keep the petitioner in custody. Be that as it may, all these issues are matter of trial at this stage."

The Court added that in response to a query from the Court, State counsel informed that the chargesheet has already been filed. Thus, the investigation regarding the petitioner is complete, and he is not required for custodial interrogation.

Senior advocate Bipin Ghai, appearing for Kapoor argued that the present FIR is a retaliatory response to FIR in which the complainant herself was an accused.

He further submitted that one after the other FIRs were lodged against Kapoor. "when the petitioner was granted bail in FIR No.17 (under Sections 7, 7(A) of PC Act read with Sections 420), the vigilance bureau immediately registered another FIR, No.21, on the same day, with allegations of possessing disproportionate assets."

Considering the submissions and cancellation report on another FIR, the Court remarked that the conduct of the complainant seems "dubious" and "orchestrated attempt" in collusion with other officials to keep Kapoor under custody by filing FIR consecutively. 

Adding that the allegations against the petitioner are subject to outcome of trial and it is anticipated to take a considerable amount of time, the Court said, "Bail serves the purpose of allowing an accused to remain free until their guilt or innocence is determined. In contrast, the petitioner has been in detention since July 19, 2023, for more than 03 months."

The Court noted that Kapoor's preventive custody is based on an unsubstantiated suspicion that he might tamper with evidence or influence witnesses. "There is no probability of tampering with evidence as it has already been seized by the investigating agency," said the bench.

In the light of the above the Court granted him the relief.

Appearance: Bipan Ghai, Senior Advocate with Nikhil Ghai, Advocate for petitioner.

Nikhil Vashisht, Advocate for complainant.

Citation: 2023 LiveLaw (PH) 204

Title: Ashish Kapoor v. State of Punjab

Click here to read/download the order