Chandigarh stalking: Court rejects Vikas Barala's bail plea for fourth time

Trouble continues to mount for Vikas Barala, son of Haryana BJP President Subhash Barala after his bail application was rejected for the fourth consecutive time by district court in Chandigarh, here on Monday.

Both Vikas Barala and his accomplice, Ashish had moved the bail application before Additional District and Session judge, after their earlier three bail applications including one before the trial Court (ACJM) and then ADJ were dismissed on August 29 and September 12. The duo had then approached the Additional Chief Judicial Magistrate (ACJM) on October 23 after submission of charge sheet but the application was again dismissed.

The two accused were arrested for allegedly stalking and attempting to kidnap Varnika Kundu, daughter of an IAS officer, V S Kundu late night on August 4, when she was returning home in Panchkula from Chandigarh.

“In case of subsequent bail applications, requirement of law are that there should be change of circumstances and those circumstances should be such that they were not earlier brought under the notice of the Court. The Defence failed to bring out anything and just relied upon mere filing of charge sheet which does not bring any change of circumstances. We relied upon Bapu Asaram Judgement,” Advocate Manu Kakkar told DNA.

Even as the Defense contended that the chargesheet has been submitted, the Public Prosecutor cited news reports that the complainant’s father had been approached by Krishan Dhull, who stood as surety for Barala when he initially got bail. “The bail can be dismissed if the material witnesses have not been examined and influence of witnesses on the release of accused is substantial,” he said.

The duo were arrested by the Chandigarh Police in a drunken state and bailed out hours later and arrested again on August 9 after public outrage over the incident compelled police to add further sections in the FIR. Both have been are facing trial for charges under Section 354 D (stalking), 341 (wrongful restraint), 365, 511 (attempt to kidnap) and 34 of the Indian Penal Code (IPC). Both of them have been in jail
ever since they arrest on August 9.

Kundu had categorically stated in her statement before the Court that one of the accused came and tried to open the door of the car. "The intention is very much clear if you are chasing a woman in midnight for 30 minutes for 6 kms. In subject of her complaint, she has categorically highlighted that there was an attempt to kidnap her,” contended Kakkar.

The accused are now slated to approach Punjab and Haryana High Court.