The Delhi Police on Saturday submitted its response to the bail application of businessman Samir Modi, who has been arrested in connection with an alleged rape case.
The matter was placed before the Saket court, where the hearing on the bail plea is now scheduled for Monday.
Court Proceedings
The bail plea came up before Additional Sessions Judge (ASJ) Vipin Kharb, who heard initial submissions made by the counsel representing the accused. When the senior counsel pressed for bail, the judge questioned, “You are seeking bail in police custody?”
Senior advocate Ramesh Gupta, assisted by Arshdeep Khurana, Shailendra Singh, and Surya Pratap Singh, appeared on behalf of Samir Modi. The defence strongly objected to the manner in which a look-out circular (LOC) was issued against Modi.
Gupta argued, “How can a LOC be issued in 5 days of FIR?” He submitted that the FIR was registered on September 10, while the LOC was issued within five days, leading to Modi’s detention on September 18 at Delhi’s Indira Gandhi International Airport after he returned from London on a valid return ticket.
Defence’s Arguments
The defence urged the court to seek an explanation from the police on how the LOC was issued so quickly. They also requested that the police investigate a complaint filed by Modi himself, alleging that he was being extorted by the complainant in the present case.
Judge Kharb observed that he, too, wanted clarity on how the LOC was issued in such a short span of time.
Custody & Remand
Following his detention, Modi was arrested on charges of rape by New Friends Colony Police. On September 19, the Saket court had granted a two-day police remand of the accused and directed the police to examine his extortion complaint.
Later, Additional Chief Judicial Magistrate (ACJM) Deepak Vats extended Modi’s police remand by another two days, though the Delhi Police had initially sought three more days to continue their investigation.
In-Camera Hearing
Given the sensitive nature of the case, the complainant’s counsel, Senior Advocate Avi Singh, requested that the hearing be conducted in camera to protect the victim’s privacy, as personal details were bound to be discussed. The court accepted this request and ordered the media and others present to leave the courtroom.
On the other hand, defence counsel Ramesh Gupta opposed the move, contending that a complainant’s counsel has no locus to press for such directions, and that bail hearings are never held in camera. However, the court went ahead with the closed-door hearing in the interest of confidentiality.
Samir Modi, who is the brother of former IPL chairman Lalit Modi, remains in police custody until Sunday. His bail application will now be heard on Monday, where both the defence and prosecution are expected to make detailed submissions.
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