Disproportionate Assets: Former Punjab Police AIG Ashish Kapoor Gets Bail But To Remain In Jail For FIR On Custodial Violence

The Punjab and Haryana High Court has granted bail to former Punjab Police AIG Ashish Kapoor in a disproportionate assets case launched against him this year. Court also confirmed the interim anticipatory bail granted to Kapoor's wife. Nevertheless, Kapoor will remain in jail because a case over alleged custodial violence is still pending against him.

The Court had granted interim bail to Kapoor last month. Justice Anoop Chitkara said, "petition is allowed and interim order dated 26.09.2023, is made absolute."

Kapoor is accused in multiple FIRs including custodial rape, torture and extortion charges. It was alleged that Kapoor, who was Superintendent of Patiala Jail, in 2019 was booked in a custodial rape and extortion case filed by an inmate. However, a cancellation report was filed in the matter. The same is pending for consideration before the Magistrate’s Court.

In the present case it was alleged that Kapoor connived with his wife Kamal to obtain more than their known sources and illegally acquire properties. Amid the lawyers' strike in the High Court, in the previous hearing, Kamal had personally appeared before the Court. She works as a teacher in a private school.

Kamal claimed that the case was an upshot of "departmental rivalry" and influence of "anti-social elements". She further claimed that she was nominated in the case by the Vigilance Bureau, only to create "pressure" upon her husband to "settle".

The Court while granting him interim relief had said, "his previous criminal history is not being considered strictly at this stage as a factor for denying bail."

"Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the prima facie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiable, further pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order," the Court had observed in its interim order.

One of the conditions was for both Kapoor and his wife to furnish their complete asset details to the investigator, within 15 days.

Senior advocate Bipan Ghai appearing for the petitioner said that they shall not take handing over the affidavit to the State counsel declaring all their assets as self-incriminating circumstance or violative of Article 20 of the Constitution.

While noting that the State did not object to it, the Court allowed the plea.

Counsel for the petitioner: Senior Advocate Bipin Ghai, Advocate Nikhil Ghai.

Case Title: Ashish Kapoor v. State of Punjab

Click here to read/download the order