The Delhi High Court has granted regular bail to Krishan and Manoj Mittal in the Kanjhawla hit-and-drag case.
They were involved in the accident on January 1, 2023, which resulted in the victim’s death, and have been in custody since then.
The court’s decision noted that there isn’t enough evidence at this stage to prove that the accused intended to cause the accident. Justice Amit Mahajan remarked, “While the nature of the offense is heinous, and the applicants were admittedly passengers of the vehicle that caused the accident, it can’t be said that they had the intention to cause the said accident.”
The court also considered that the accused had reportedly asked the driver to stop the car. The bench observed that the charges against them involve Section 120B of the IPC, related to criminal conspiracy, but whether they conspired with the driver will be decided at trial.
Justice Mahajan further explained, “It cannot, prima facie, be alleged that solely because the applicants were in the same vehicle or knew the victim was caught underneath, they are guilty of criminal conspiracy.”
The High Court emphasized that the primary purpose of detention is to ensure the accused appear for trial, not as punishment. The bail was granted with conditions to prevent tampering with evidence or avoiding trial. With only six witnesses examined so far, the trial is expected to be lengthy.
The court also noted that if any new complaints or FIRs are filed against the accused, the State may seek to have the bail revoked. Advocates JP Singh and Akshay Bhandari represented Krishan and Manoj Mittal, respectively.
