A sessions court while granting bail on Monday to former city police commissioner Ram Deo Tyagi’s son Raj Tyagi in a criminal intimidation complaint filed by his estranged wife, in a detailed order said that there is no prima facie or reasonable ground to believe that the applicant had committed the offence of brandishing a gun towards her.
Raj Tyagi’s wife Diana Tyagi had filed a complaint at the Bandra police station that after her husband got bail in a domestic violence case filed by her, he tried to intimidate her by following her car, staring at her and showing her a pistol. This was in violation of the Bombay High Court’s conditions while granting him bail. The police had charged Tyagi under the Arms Act among other offences.
Additional Sessions Judge AC Daga said in his order that the investigating officer failed to prima facie establish that the gun was used to commit the crime and had failed to seize it. The officer could not even produce evidence to show that on the given date the licensed gun was in Tyagi’s custody, the court said.
Tyagi had claimed that he had deposited the licensed firearm with the Worli police station in connection with the domestic violence offence. His advocate had argued that only to add serious charges under the Arms Act the allegation of intimidating with the pistol has been made.
The court noted in its order that the officer has blamed Tyagi for not cooperating with the probe. It said such a finding of the officer has no basis. The investigating officer was supposed to make an inquiry if what the applicant was stating was indeed correct, it said. Secondly, it said that he should have searched with the licensing authority how many revolvers were given in Tyagi’s name.
Judge Daga added that earlier the bail plea was rejected on the basis that the probe was on, but now the chargesheet was filed and in spite of ample opportunity being given to the investigating officer to search and seize the weapon, he had failed to do it.
