Delhi Court has granted bail to the husband of a de-rostered IndiGo pilot who was arrested for allegedly assaulting a minor domestic help.
The court emphasized that the “serious” allegations against him cannot be the sole basis for rejecting the bail application.
Additional Sessions Judge Shama Gupta also observed that the “general rule is bail and not jail”. She stated that there was no need for the accused’s custodial interrogation, and there was no risk of him evading justice.
The bail plea was presented by law firm Karanjawala & Co. on behalf of the accused, Kaushik Talapatra. The court took note of the fact that his wife, Pournima Nilkant Somkuwar, a pilot, had already been granted bail on August 17 this year.
While acknowledging the seriousness of the allegations against the accused, the court emphasized that this alone should not be the grounds for denying bail. The primary purpose of bail is to ensure the accused’s presence at the trial and the completion of the investigation.
The court took into account that the police had not sought custody of Talpatra after his arrest on July 19, indicating that custodial interrogation was not necessary for the ongoing investigation.
Regarding the allegations against the couple, the court noted the statement of the girl victim, which suggested that both had assaulted her. However, the injuries near her eye and the burn were attributed to Talpatra’s wife.
The judge emphasized that at this stage, it was difficult to determine the specific acts committed by the accused or whether they shared a common intention. The court’s primary concern in considering the bail plea was whether Talpatra’s pre-trial incarceration would aid the investigation or if there was a risk of him fleeing or tampering with evidence after securing bail.
The court noted that the investigation was pending mainly regarding the final medical opinion and the statement of the child victim’s father. In this context, the court concluded that custodial interrogation of the accused was unnecessary.
Considering that the accused had been employed as an aircraft maintenance engineer before his arrest, the court found no reason to believe he would evade justice. Furthermore, the child was under the care of the Child Welfare Committee (CWC), and her statement had already been recorded, so the court saw no purpose in keeping the accused in custody.
As a result, the court granted bail to the applicant or accused upon furnishing a personal bond of Rs 1 lakh with one surety of the same amount. The conditions of bail included not contacting the victim, except for settling her dues, reporting any change of address, attending all trial dates, providing his mobile phone numbers to the Investigating Officer (IO), and not leaving the country.
The couple had been accused of assaulting a 10-year-old girl who worked as a domestic help at their home in Southwest Delhi’s Dwarka. After the incident was reported on July 19, the couple faced a public altercation with a mob.
