Special court grants bail to Delhi sub inspector Rahul Malik in alleged bribery case
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A special court Monday granted bail to a sub inspector with the Delhi police in an alleged bribery case.CBI had booked Rahul Malik , Sub-Inspector of Cyber Police, Rohini, for allegedly demanding Rs. 14 lakhs from Faikh Mohammed Rehan Hajatay for allegedly dropping his name from case probed by Malik.CBI after laying down a trap in Mumbai and recovering Rs. 2.5 lakhs from an alleged hawala operator from Rehan, had visited Cyber Police Station, Rohini, Delhi wherein its officials arrested Malik on who has been alleged to flee after seeing the officials. The CBI had recovered two mobile phones which the agency had alleged that Malik has thrown during the chase.Advocate Vijay Aggarwal along with Advocate Yash Agrawal appearing for Malik argued that as a chargesheet has been filed by CBI u/s 61(2)(a) and Section 238 of BNS, 2023 and Sections 7 of PC Act, 1988, subsequent to rejection of first bail application, therefore, considering the change in circumstances, the bail application ought to be considered afresh and his client should be enlarged on bail considering no useful purpose would be served as all relevant material has been brought on record.Aggarwal further argued that the alleged recovery of mobile phones from Rahul Malik where incriminating chats as per the case of CBI has been recovered showing him demanding bribe through another person namely Sherlock from Rehan is inadmissible as CBI has not complied with Section 105 of BNSS which lays down a new procedure for seizure whereby the entire search and seizure proceedings are to be recorded through audio- video means and failure of CBI to record the said proceedings makes the entire evidence inadmissible.The Special Court had earlier rejected the bail application of Rahul Malik prior to filing of chargesheet considering that investigation was at nascent stage and the likelihood of Rahul Malik tampering with evidence and influencing witness as the statements of Hawala Operator as well as one person namely, Kartik Jain through whom Rahul Malik had contacted Hawala Operator was yet to be recorded.Public Prosecutor for CBI opposed the said bail application arguing that Rahul Malik was a police officer and well versed with nitty-gritty of investigation and criminal case and is likely to influence witness and tamper with evidence.He further argued that Rahul Malik had used complex web of Hawala operators to collect bribe and therefore, considering the severity of allegations, he should not be granted bail.CBI Special Judge while imposing various conditions including that he shall surrender his passport with CBI and shall not enter the jurisdiction of Navi Mumbai granted Malik bail.
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