A Delhi court has granted three weeks’ interim 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, providing him temporary relief from judicial custody while the criminal proceedings remain pending.
Additional Sessions Judge Saurabh Pratap Singh Laler of the Patiala House Courts passed the order on Tuesday. Bhardwaj had originally approached the court seeking regular bail in the case.
The prosecution case relates to an incident during the CJP demonstrations at Jantar Mantar in July, where Bhardwaj is accused of assaulting the father of a Dalit student-activist. He was subsequently arrested from Uttar Pradesh on September 5 and remanded to judicial custody.
The case has assumed wider legal significance in view of the allegations incorporated into the criminal proceedings. Besides the alleged assault, the investigation has involved provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, along with allegations attracting other penal provisions. A separate POCSO case has also been registered against Bhardwaj, according to reports.
Bhardwaj had earlier approached the Delhi High Court questioning the legality of his arrest through a habeas corpus petition. The High Court declined to grant relief, leaving him in judicial custody pending further proceedings before the trial court.
The allegations against Bhardwaj came into sharper focus after remarks attributed to him in a video podcast concerning the alleged assault became public. The incident subsequently triggered demands for criminal action and intensified scrutiny of the circumstances surrounding the confrontation at Jantar Mantar.
Bhardwaj, however, has disputed the prosecution narrative. During the earlier bail proceedings, he reportedly maintained that the complainant had himself attacked him and alleged that his arrest was politically motivated. He has also disputed the allegation that casteist remarks were made during the incident.
The grant of interim bail is, therefore, a limited procedural relief and does not amount to an adjudication on the merits of the allegations. The substantive criminal case remains pending, with the prosecution case and the defence version yet to be tested through the judicial process.
The development comes against the backdrop of heightened judicial scrutiny surrounding the CJP protests and allegations concerning the treatment and safety of participants. The Supreme Court had recently expressed concern over reports of intimidation and harassment of a minor associated with the protests and emphasised the need to ensure her safety and that of her family.
Bhardwaj’s three-week interim bail consequently operates within an ongoing criminal investigation and related judicial proceedings. The limited duration of the relief also distinguishes it from a final determination on his entitlement to regular bail or from any finding concerning culpability.
The trial court proceedings will now determine the further course of the matter, including the evidentiary and statutory questions arising from the allegations levelled against him.
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