A special CBI court in Chandigarh has granted anticipatory bail to two police personnel accused of tampering with evidence in a 2022 sexual harassment case.
Passing the order on Wednesday, special judge Bhawna Jain observed that the Central Bureau of Investigation (CBI) had already completed its investigation and filed a chargesheet, and the two accused – then Industrial Area station house officer (SHO) inspector Ram Rattan and sub-inspector (SI) Satyawan – were not required for custodial interrogation.
The CBI case originated from a preliminary inquiry initiated after the office of the Chandigarh director general of police (DGP) sent a communication on December 19, 2022, regarding alleged misconduct and corrupt activities in the registration and investigation of certain criminal cases by the UT police.
During the inquiry, the CBI examined the investigation of the sexual harassment case registered against the former director of a prominent company in April 2022. He was arrested under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354-D (stalking), 294 (obscene acts and songs), 506 (criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman) and 384 (extortion) of the Indian Penal Code.
Phone seized from accused swapped
{{/usCountry}}Phone seized from accused swapped
{{/usCountry}}During his personal search, police seized an iPhone 12 along with its SIM card, which was recorded in the case diary. The seized evidence was, however, returned to the accused and another phone – an iPhone 7 without a SIM card – taken into possession in its place. To cover-up the tampering, the original seizure memo, dated April 4, was allegedly destroyed and a fresh seizure memo dated April 9 was prepared to show that the iPhone 7 had been seized.
The tampering came to light during the CBI’s examination of forensic and electronic records. The IMEI number of the handset sent to the forensics laboratory did not match that of the iPhone 12 originally shown as seized. The CBI also relied on SIM-history and location data, which, according to the order, showed that the SIM originally inserted in the iPhone 12 was later used in the iPhone 7.
The CBI further alleged that data and call-detail records showed the accused was in possession of both phones on April 14, 2022. On the basis of the inquiry, the CBI registered an evidence-tampering case against the then SHO, investigating officer and other unidentified persons.
On July 2022, however, police filed a cancellation report in the sexual harassment case, which the chief judicial magistrate accepted it on August 8, 2022.
Why bail was granted
Seeking anticipatory bail, Ram Rattan and Satyawan argued that they had never been arrested during the investigation into the tampering case, their custodial interrogation had never been considered necessary and the evidence was documentary and already in the CBI’s possession.
The CBI opposed the plea, maintaining that the filing of the chargesheet did not absolve the accused of criminal liability and citing their alleged conduct. The court, however, noted that the investigation was complete and the chargesheet had already been filed.
The court observed that although the allegations were serious, they would have to be adjudicated during trial. It held that since the accused had never been arrested during the investigation and were not required for custodial interrogation, they were entitled to anticipatory bail. The court relied on a Supreme Court ruling in Mahdoom Bava vs CBI concerning protection from arrest after completion of investigation and issuance of summons.
The court directed the two accused to furnish bail bonds within 15 days of the order or by the date fixed in the case, whichever is earlier. They have also been directed to make themselves available for interrogation whenever required, refrain from influencing witnesses and not leave India without prior permission of the court.