The Bombay High Court has granted bail to two Rajasthan policemen accused in the Sohrabuddin fake encounter case. Shyam Singh Charan and Himanshu Singh Rajawat, who were sub-inspectors in Rajasthan Police at the time of the encounter, have been granted bail on the surety of Rs. One Lakh each.
They have also been directed to surrender their passports, and remain present at the Central Bureau of Investigation (CBI) office every fortnight. This is the second time the duo had moved the bail application.
The Bombay High Court had rejected their bail plea earlier in 2013. This time, the court took into consideration the changed circumstances while granting them bail. “It is clear from the material in the charge-sheet that Dinesh (then Superintendent of Police, Rajasthan) has played a much larger role in the alleged offences. Therefore, when Dinesh has been released on bail, it would be unjust and improper to refuse to release the applicants on bail,” Justice Abhay Thipsay said in his order.
He also observed that the applicants have been in custody for around seven years, and that the long impending trial cannot be expected to be completed in near future.
“There has been no progress at all in the trial, till now. There do not appear any prospects of the trial commencing shortly, but even if it commences shortly, looking to the volume of evidence that is expected to be adduced during the trial, it cannot be expected to be over in near future,” the order said further.
But the judge also maintained that he had not changed his view about the prima facie evidence against the duo.
“I see no reason to differ from the view taken by me while previously rejecting the bail application i.e. that there clearly exists a prima facie case against them. The applicants are mere SubInspectors. It is clear from the facts of the case that they were working at the instance of several superior police officers who, allegedly, were acting at the instance of politicians,” the order said.
