Custodial death case: CBI court rejects bail plea of suspended Himachal top cop

Counsel for Zaidi argued that after the cancellation of his bail, he has undergone custody for two years and four months, and due to his confinement in jail, he is not in a position to defend his case effectively.

It was argued that there is no possibility for him to run away from the law and that no useful purpose would be served by keeping him in custody, as the trial is going to take long time. Accordingly, he deserves the concession of a regular bail.

The CBI in reply submitted that Zaidi had already threatened the prosecution witness in the case, Soumya Sambasivan (IPS) to change her statement before the trial court, which shows his conduct.

It was also argued that and if Zaidi is released on bail, there is a possibility of him influencing the other material witnesses of the prosecution.

Taking into account the gravity of the allegations levelled against him, it was argued, he does not deserve the concession of bail.

The Court of special CBI Judge, Jagjit Singh, after hearing the matter, said that Zaidi was released on bail on the orders of the Supreme Court on May 7, 2019, and it was held that if he intimidates the witnesses, then the prosecution can approach the court seeking to cancel the granted bail.

Thereafter, one witness, (Soumya Sambasivan) who was posted as SP, Shimla, and to depose in the court, filed an application, wherein she stated about the accused (Zaidi) trying to influence her.

The bail was cancelled by the trial court, vide order dated January 24, 2020.

The accused had approached the High Court against the cancellation of his bail, but the High Court, vide order dated May 21, 2020, dismissed his application for bail.

The Court said, “Perusal of all these bail orders show that the Superior Courts have discussed the conduct of the applicant/accused and did not consider his plea that there was no ground to dismiss his bail application by the trial court. Now there has been no change of circumstances since the dismissal of the bail application by the Hon’ble High Court and withdrawal of the same from the Hon’ble Supreme Court, and the prosecution as yet has to examine quite a few of the material witnesses, who as argued by the learned Public Prosecutor for the CBI, are vulnerable witnesses belonging to the labour class and lower Force of the police, and who can always be pressurized by the applicant/accused, resulting in the hampering of the trial.”