Court grants bail to five arrested for violence on R-Day
A Delhi court on Wednesday granted bail to five persons, including a class 10 student, arrested in connection with the violence at Nangloi Chowk during the farmers’ tractor parade on Republic Day. While granting bail, the court said the accused cannot be kept in custody on the mere apprehension that they would commit the same crime again, especially when they have no criminal antecedents.
Additional sessions judge Sudhanshu Kaushik granted bail to class 10 student Naveen, Ashish, Parvesh, Deepak Singh and Ravi on a bail bond of ₹30,000 while also noting that no tear gas gun was recovered from the accused despite the city police claiming that the accused had forcefully taken the gun from the police.
“It was alleged that during the incident, the accused and his accomplices robbed the tear gas gun of the police but the same could not be recovered. Record shows that investigation in the matter, qua the applicant, already stands concluded. He is stated to be in custody for more than a month. No previous criminal involvement of the applicant has been alleged by the prosecution,” Kaushik said.
“Keeping in view all these factors, I am of the considered opinion that there is no point in keeping the accused further detained in custody. He cannot be kept detained in custody merely on the apprehension that he might again commit a similar offence, more particularly, when there is no record of previous involvement,” the judge said in five separate orders for each of the accused.
The police had arrested the accused on charges of rioting, dacoity, criminal conspiracy and damaging public property during the tractor rally to protest against the three contentious farm laws of the Centre. The police, while opposing the bail pleas, had contended that there are serious allegations against the accused and several police personnel were injured in the rioting.
The police also told the court that in order to disperse the mob, they had to fire tear gas shells following which the protesters turned violent and started attacking the police personnel with sticks, rods, stones and deadly weapons. The police also said the accused are not farmers and were hired to instigate rioting.
Appearing for the police, the public prosecutor (PP) told the court that the agitation against farm laws is still continuing and there is every likelihood that the accused might commit similar offences, in case they are released on bail.
Advocate Jaspreet Singh Rai for the accused told the court that the accused had been falsely implicated in the present case and they have been kept in custody without any purpose since January 26. He said there was an inordinate delay of around 18 hours in the registration of the FIR while contending that the delay has not been explained by the police.
He also stated that the accused had come to Delhi to peacefully participate in the protest march of farmers and they did not resort to rioting. He argued that the accused have not been captured on any CCTV cameras and the police have falsely implicated them. He added that nothing but sticks were recovered from the accused.
The court accepted the contentions and granted bail to them.