New Delhi [India], October 4 : Delhi's Rohini District Court on Friday dismissed the anticipatory bail plea moved by Transgender MCD Councillor Bobi Kinner. An FIR has already been registered against Bobi in a fake caste certificate case.
The court said that her custodial interrogation is required in this case. It also said that there may be a nexus involved in the issuing of caste certificate.
It is alleged that the fake certificate was used for contesting the MCD election 2022 on the reserve SC women's seat in Sultanpuri ward.
Additional Sessions Judge (ASJ) Kapil Kumar dismissed the anticipatory bail application after considering the facts of the case.
The Court said, " The manner in which the certificate was obtained which reveals involvement of various persons at various levels including government officials, this court is of the considered opinion that
the applicant is not entitled to anticipatory bail since her custodial interrogation is mandatory to unearth complete facts and evidences."
" Accordingly, the present application is hereby dismissed," ASJ Kapil Kumar ordered on October 4.
The court observed, " The manner in which the blurred and illegible documents were uploaded at the time of submitting application form and the rules which were flouted by the concerned authorities at Gautambudh Nagar, Uttar Pradesh in issuing the certificate reveals that it could be a big nexus in which several persons were involved."
The court also raised a finger on the conduct of Bobi Kinner. The court said that the applicant not cooperate in the investigation by not providing the documents or the details of the documents which were uploaded at
the time of submitting the application form despite the interim protection from arrest granted by this court for more than a month.
Bobi Kinner has moved anticipatory bail application on August 23. The accused was granted interim protection from coercive steps subject to joining of investigation by her and co-operation in the investigation.
Counsel for the accused submitted that it was a false FIR against the applicant which was got
registered by misusing the provisions of the section 156(3) Cr.P.C. by the complainant.
It was submitted that the application under section 379 BNSS has been moved against the complainant before the Magistrate and the necessary proceedings have been started on that application.
The Counsel for the complainant Varuna Dhaka and Additional Public Prosecutor (PP) for the state, vehemently argued that the order for registration of FIR was passed after considering two contradictory reports for the same certificate issued by the same authority and in these circumstances, there is
requirement of custodial interrogation of the accused.
It was stated that the revision petition filed against the order of FIR was also dismissed.
The investigating officer (IO) filed a reply stating that the accused is not cooperating in the investigation completely as the applicant to date has not provided documents based on which the certificate in question was issued from the concerned authority.
IO further submitted that the applicant had not co-operated in the investigation since the most crucial information i.e. documents on the basis of which the certificate was issued from Gautambudh
Nagar, UP has not been provided by the accused despite various opportunities.
He also submitted that the applicant very smartly placed the.entire responsibility upon her late mother by submitting that the certificate in question was applied by her mother and since her mother got expired, she cannot answer as to what documents were annexed with the application form.
It was further submitted by the IO that several other aspects came up in the investigation including the fact that the applicant got issued two election I-cards with two different dates of birth and there are several other factors also for which the custodial interrogation of the accused is required.