Delhi HC says there is difference between joining and actively participating in investigation

Delhi High Court has said that there is a difference between the accused merely ‘joining’ and ‘actively participating’ in an ongoing investigation.

Justice Saurabh Banerjee expressed concern over a trend where accused individuals superficially adhered to court directives, only ‘joining’ investigations without genuine engagement.

While dealing with an anticipatory bail application by a man facing charges, including that of rape, the court underscored that post-bail, an accused is not only expected to participate but actively engage in the investigative process.

Acknowledging constitutional safeguards that could be invoked by the accused, the court stressed that granting anticipatory bail would lose its purpose if active cooperation was lacking.

Justice Banerjee stressed on the need for sensitivity and understanding of the consequences of non-compliance with court-imposed conditions.

Considering the clean record of the accused and the absence of prior complaints, the court granted anticipatory bail.

Conditions included a personal bond of Rs 50,000, one surety of the same amount from a trustworthy individual, and adherence to additional stipulations upon arrest.



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