Barala won’t be home for Diwali, challenges FIR

Chandigarh: Vikas Barala, accused in the

Varnika Kundu

stalking case and son of Haryana BJP president, won’t be home for Diwali. He has put a third application for bail in a district court here, on which the arguments concluded on Tuesday but the verdict will be on October 21.

Defence counsel Rabinder Pandit argued that since a charge sheet had been filed in the matter and even the investigation was complete, the police custody of Vikas Barala was not required, and so he should be granted bail. He claimed the FIR (first-information report) against Vikas was “manipulated” and there were contradictions in the statements of Varnika and her father. The defence argued that in her statement before the magistrate, Varnika had not mentioned any attempt to kidnap her.

The defence also argued that Varnika’s father had claimed her to be in shock at the time of filing the FIR, and that he had written whatever she had dictated. “And in that complaint as well, there is no mention of any attempt to kidnap or stalk her,” the lawyer argued, questioning why the twin charges were in the FIR but not in Varnika’s statement before the magistrate.

Arguing against the bail petition, prosecution counsel Manu kakkar said mere filing of charge sheet against the accused could be no grounds to grant him bail, and it does not change the circumstances. He quoted a number of Supreme Court judgments in support of the argument, saying that if the accused gets bail, he could influence the witness and affect the trial.

The prosecution raised another point, that accused Vikas Barala had filed contradictory affidavits in court about his educational qualifications. In one affidavit, he claims to be a law graduate who is going to seek licence, while in another sworn statement, he claims to be still a law student. The prosecution pleaded on this basis on this evidence that Barala’s bail application be dismissed.

BOX:

Arguments against Vikas Barala

Mere filing of chargesheet is no ground for granting bail and doesn't change the circumstances for Vikas Barala

If the accused gets bail, he can influence the witness and affect the trial, since his father is state president of the ruling party

Vikas Barala filed contradictory affidavits in court about his educational qualifications (in one affidavit, he claims to be a law graduate going to seek licence, while in the affidavit, he claims to be a law student)