Gurgaon: A sessions court granted regular bail to cyber expert Ankit Bhardwaj, one of the accused in the fabricated forensic report case linked to the controversy over a video involving Punjab chief minister Bhagwant Mann.The court on Saturday held that investigators have so far failed to place any forensic evidence on record to support the allegation of organised crime. On Monday, Bhardwaj was released on furnishing a bail bond of Rs 1 lakh with one surety of the like amount.Additional sessions judge Sudeep Goel observed that the investigation was still awaiting the Forensic Science Laboratory (FSL) report, despite electronic devices having already been sent for examination.In the absence of scientific evidence, the court held that the ingredients required for invoking Section 111 of BNS, dealing with organised crime, were not made out at this stage.The court noted that the prosecution itself admitted that the FSL report had not yet been received and said continued incarceration of the accused would serve no useful purpose.The order, however, does not dilute the investigation. The court specifically permitted the investigating agency to seek cancellation of bail if the forthcoming forensic report strengthens the prosecution case.Defence counsel argued that the organised crime charge had been invoked without any supporting material such as financial transactions, call records or evidence of a criminal syndicate and that offences involving manipulation of electronic records could not be substantiated without forensic examination.The prosecution opposed the bail plea, contending that the allegations were serious and involved manipulation of technical evidence at the instance of senior officials to benefit a political party.The order marks a setback for the prosecution’s reliance on organised crime provisions at the bail stage but leaves the investigation open, with the final evidentiary assessment expected after receipt of the FSL report.
