While the court of additional sessions judge Raj Kumar Tripathi dismissed police's plea, advocate Prashant Mendiratta, who appeared for the woman complainant, reacted sharply to the unexpected development. He said he would challenge the court's order in Delhi high court this week. "This is extremely disappointing. The court should not have granted Pachauri anticipatory bail. His application was not even listed for today."
Dismissing the police plea, the court observed that the investigating agency "is trying to play with the personal liberty of accused by asking for custodial interrogation even without giving him an opportunity for joining the investigation... Admittedly, no notice for joining the investigation has been served upon accused till date."
The court said it is a fit case for giving anticipatory bail, but made it clear that the conditions imposed on Pachauri would continue: he will have to join investigation when called by the investigating officer (IO), keep away from the TERI office and not contact the complainant and the witnesses. He cannot travel abroad without the court's permission.
Making a case for custodial interrogation, additional public prosecutor M Zafar Khan said Pachauri's assistant met him in hospital sometime ago and took down his version to give to police. He claimed Pachauri is not joining the investigation and under his influence even TERI officials are not co-operating. "We need his custodial interrogation to corroborate the evidence and to stop him from influencing the witnesses," Khan said. He added that two TERI officials who came to Lodhi Colony police station on Friday to submit Pachauri's laptops had tried to record videos of their conversation with the SHO "to help Pachauri in the case."
Police alleged Pachauri is placing hurdles in the probe's way: IT experts are either not allowed to enter TERI offices or made to wait. Senior advocate Sidharth Luthra, who appeared for Pachauri, however argued that his client had gone on leave from TERI and conveyed to the DCP his willingness to join the probe after being discharged from hospital. "This application for recall of court's order is pre-conceived. Pachauri has tried to contact IO and DCP through email and phone but they did not respond and later filed the application in court," Luthra said.
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