Delhi Court Grants Regular Bail to Swatantra Bhardwaj in Jantar Mantar Assault Case
A Delhi court has granted regular bail to self-styled Hindutva influencer Swatantra Bhardwaj, accused of assaulting the father of Dalit student activist Nishu Azad during a protest at Jantar Mantar. Bhardwaj, who faces charges under the Bharatiya Nyaya Sanhita, the SC/ST Act, and the POCSO Act, was previously on interim bail after a viral video surfaced where he allegedly admitted to the assault and used casteist slurs.
A Delhi court on Tuesday granted regular bail to self-styled Hindutva influencer Swatantra Bhardwaj in a case concerning the alleged assault of the father of Dalit student activist Nishu Azad during a protest at Jantar Mantar over examination irregularities. Additional Sessions Judge Saurabh Pratap Singh Laler of the Patiala House Court passed the order. The detailed bail order is awaited.
Bhardwaj was arrested from Bulandshahr, Uttar Pradesh, on September 5 in connection with the June 23 incident. He had initially been booked under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita (BNS), relating to causing hurt and wrongful restraint. Provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were subsequently added after the complainant, in a supplementary statement, alleged caste-based remarks. A separate FIR invoking provisions of the Protection of Children from Sexual Offences (POCSO) Act and criminal intimidation was also registered following allegations involving Bhardwaj and his supporters.
The court had on September 15 granted Bhardwaj three weeks’ interim bail after he had spent more than 10 days in custody. The court said it would observe his conduct during the interim period before deciding his regular bail plea. Bhardwaj was prohibited from making or sharing posts, videos, interviews, podcasts or other public statements concerning the case, his defence or the complainant and his family. He was also barred from contacting the complainant, his daughter or prosecution witnesses and from interfering with the investigation.
While granting interim bail, the court had stressed that the allegations would have to be decided on the basis of evidence in court rather than through public or social-media commentary. It had also observed that “bail is an expression of the court’s trust, and it is not a trophy to be displayed”, while cautioning against any public celebration following his release.
The case gained wider attention after Bhardwaj appeared in a video in which he allegedly claimed that he had “cracked the skull” of the complainant and spoke about his alleged political connections. The complainant’s lawyers subsequently alleged that Bhardwaj had used casteist slurs and had himself admitted to the assault in the video. Bhardwaj’s lawyers, however, argued that the complainant had attacked him first and alleged that his arrest was politically motivated.
In its September order, the court had also flagged gaps in the police investigation, including the need to examine CCTV footage, recordings made by police personnel, call-detail records, location data and social-media material. It directed the investigating officer to examine the authenticity and forensic aspects of electronic material relied upon in the case.
With Tuesday’s order, Bhardwaj will remain out of custody on regular bail while the criminal proceedings continue. The court’s detailed order is expected to set out the reasons for granting regular bail and any conditions imposed on him.
