New Delhi [India], August 28 (ANI): Transgender councillor Bobi Kinnar has been granted anticipatory bail in a caste certificate case on Tuesday from Rohini Court.
The court granted interim protection to Bobi Kinnar, stating that the case is document-based and there is no scope to threaten the witnesses. He was granted interim protection on August 17.
An FIR has been registered at Sultan Puri police station against Bobi Kinnar in a caste certificate case. He had moved an application for anticipatory bail.
Additional Sessions Judge (ASJ) Kapil Kumar granted anticipatory bail to Bobi Kinnar.
The court said, “Prima facie there is no scope of threatening the witnesses since admittedly the witnesses are government officials and as per record, the necessary documents must have been produced in the election petition filed by the complainant before the court of Ld. ADJ.”
“The court noted that this case is document-based. “The first fact is that the present case primarily involves documentary evidence which was produced before the concerned authority at UP based on which the certificate in question was issued and the factum of issuance of the certificate itself is to be verified. There is no scope of tampering of these documents being official records,” the court said.
“Accordingly, considering the above-mentioned facts and the submissions of the investigating officer that there is no requirement of custodial interrogation of the accused/applicant at this
stage of the investigation, in the considered opinion of this court, the applicant deserves the interim protection from arrest till the next date of hearing (NDOH),” it added.
“Accordingly, let no coercive steps be taken by the IO against the applicant till the NDOH,” the court ordered on Tuesday.
The applicant/accused joined the investigation today only given the notice already issued by the Investigation Officer (IO) and he shall continue to join the investigation as and
when required by the IO and shall co-operate in the investigation, the court directed.
The court said, ” On the NDOH, IO would be at liberty to file the further/additional reply to the present application mentioning the developments in the investigation and on what grounds the custodial interrogation of the accused might be required.”
The court has listed the matter on September 10 for further hearing. During the hearing, the IO appeared physically.
On Saturday, IO appeared through video conferencing and submitted that first, he will verify the cast certificate of the applicant and thereafter will take necessary steps as per law.
He had submitted that he is on leave and will file a reply on Tuesday. He also submitted that he would not arrest Bobi till Tuesday.
Advocate Amit Kumar counsel for Bobi submitted that a false FIR had been got registered by the complainant by misusing the process of law.
It was also submitted that a complaint had been filed against the complainant. The concerned court has opined to initiate an inquiry.
An FIR was registered against Bobi on the Complaint filed by Varuna Dhaka. It is alleged that Bobi used a forged/fabricated caste certificate to contest the MCD election 2022. Congress candidate Varuna Dhaka had lost the election against Bobi. (ANI)
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