Delhi Court Grants Hindutva Activist Swatantra Bhardwaj Three-week Interim Bail

New Delhi: The Patiala House Court on Tuesday (September 15) granted bail to right-wing influencer Swatantra Bhardwaj for three weeks in a case related to the alleged assault of the father of a teenage Dalit girl activist during the Cockroach Janta Party's protests at Jantar Mantar.

Judge Saurabh Pratap Singh Laler said that Bhardwaj was being released on interim bail because the court wanted to observe his conduct before considering his plea for regular bail, reports Bar & Bench.

A protest was staged at Parliament Street Police Station by Congress leader Rahul Gandhi seeking his arrest. The Aazad Samaj Party MP Chandrashekhar Azad and a CJP team led by Ashutosh Ranka also demanded action against him over allegedly offensive remarks.

Additional Sessions Judge Saurabh Pratap Singh Laler ordered Bhardwaj's release on stringent conditions, saying his conduct during the interim period would be considered before deciding the plea for regular bail filed on his behalf. He has been barred from posting or commenting on social, electronic or print media about the case, his defence, the complainant or his family.

The court's 17-page order highlighted several shortcomings in the police investigation. It noted that allegations of caste-based abuse were not included when the FIR was initially registered and surfaced about 10 weeks later. The judge said the delay did not by itself make the allegation false, but was relevant to assessing the accusation at the bail stage.

The charges under the Prevention of Atrocities Act were filed after allegations surfaced that he had made casteist slurs during a video interaction on his channel.

Bhardwaj was arrested on September 4 after he said on social media that he had "cracked his skull open", referring to the 14-year-old girl's father. He was sent to two weeks' judicial custody.

The court noted that Bhardwaj had been in custody for around 10 days and that custodial interrogation had been completed. It said the main concern was the safety of the complainant and his minor daughter, which could be addressed through appropriate conditions.

The court said that the case would be decided on evidence in a court of law and not through public or social media commentary.

Bhardwaj was arrested in in Bulandshahr, Uttar Pradesh, over the alleged assault during the CJP protests in July. He faces charges under the BNS and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. An FIR has been registered under the Protection of Children from Sexual Offences Act as well.

The court also observed that abusive and sexually explicit messages sent to the complainant and his minor daughter from several numbers could not be traced to Bhardwaj.

Bhardwaj had previously challenged his arrest before the Delhi High Court through a habeas corpus petition, but the plea was rejected.

The matter will now return to the trial court for consideration of his regular bail after the three-week interim period.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.