Bail cancelled in attempt to murder case: Court directs police to take Nita Chaudhary into custody again, SP says ‘untraceable’

The court allowed the application of the prosecution challenging the July 3 order of Bhachau Additional Chief Judicial Magistrate (ACJM) D S Dabhi granting bail to Chaudhary in the attempt to murder case. The magisterial court had ordered the release of 34-year-old Chaudhary under CrPC Section 437 (1) (ii), which provides for bail if the accused is a minor or woman, or sick or infirm.

The ACJM had observed that the court can’t deny bail to Chaudhary just because she was sitting in the car driven by alleged bootlegger Yuvrajsinh Jadeja, who is alleged to have tried to run over six policemen. Following this, the prosecution had challenged the order before the sessions court.

Speaking to The Indian Express, Kutch district government pleader Kalpesh Goswami said, “The trial court had granted Chaudhary bail by exercising its discretion and taking into account that she was a woman. We told the sessions court that besides being a woman, Chaudhary is also a head constable, whose duty it is to uphold the law. But instead, she was found in company of a bootlegger when the latter tried to mow down six policemen.”

“The sessions court agreed with our submissions, cancelled Chaudhary’s bail and directed the police to take her into custody again,” he added.

Highlighting that Chaudhary was a police officer but still abetted the alleged offence, Justice Tiwari said in his order, “…The magistrate had ignored the fact the applicant was a women, however, she was also a women police constable and was accompanying a person who was wanted in several cases pertaining to the Prohibition Act and other offences under the Indian Penal Code… and he had tried to run over police officers who were performing their duties… Therefore, in my opinion it was incumbent upon her to uphold the law…”

He added that however, Chaudhary herself aided the offences that she was duty bound to prevent and underscored the responsibility and trust placed upon her by law.

Chaudhary, then a head constable attached to an office of CID in Gandhidham town in Kutch, and Jadeja, were intercepted by a team of Kutch East police on evening of June 30 while they were travelling in a Thar car allegedly with 16 bottles of liquor and two tins of beer.

Instead of stopping the car, Jadeja, who was at the wheel, allegedly tried to run over six policemen who had been tailing him to arrest him in connection with four cases of bootlegging registered against him at Bhachau police station. Chaudhary was seated in passenger seat in the car.

Cases of attempt to murder and under the Gujarat Prohibition Act were registered against Jadeja, a resident of Juni Moti Chirai village near Bhachau town, and Chaudhary, and the two were arrested on July 1. However, a magisterial court granted bail to Chaudhary in the attempt to murder case on July 3 and in the Prohibition case on July 6.

Chaudhary, who was suspended from service on July 6, had walked free after her remand in the Prohibition case ended on Saturday and the magisterial court granted her bail.