New Delhi: A Delhi court on Monday night granted bail to several students and freelance journalists arrested by the Delhi Police during a protest against Chief Election Commissioner (CEC) Gyanesh Kumar, while directing jail authorities to ensure necessary medical treatment for those who sustained injuries.
In four separate orders passed between 9 p.m. and 9:25 p.m., Judicial Magistrate First Class (JMFC) Animesh Kumar of Patiala House Court granted bail to all 17 accused who were produced before the court in connection with an FIR registered at Parliament Street police station.
The court directed that the accused be released on bail upon furnishing a personal bond with one surety of the like amount, subject to conditions. It further directed that they be released immediately if their custody was not required in any other case.
The court specifically directed the jail superintendent to ensure necessary medical treatment for those accused who had sustained injuries, as advised by the Medical Officer.
Bail Conditions Imposed by Court
The accused have been directed not to directly or indirectly induce, threaten or influence any person acquainted with the facts of the case or tamper with evidence. They have also been restrained from committing any offence while on bail.
As part of the bail conditions, the accused must provide their correct permanent and residential addresses and active mobile numbers, keep the numbers operational and inform the court in case of any change of address.
They must regularly appear before the concerned court on every date of hearing and cannot leave the country without prior permission of the court.
The court also made it clear that if any bail condition is violated, the investigating agency would be at liberty to seek cancellation of bail.
Police Allegations and Defence Arguments
The FIR was registered under Sections 223(a), 221, 132, 190, 191(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), along with Section 3 of the Prevention of Damage to Public Property Act.
The police alleged that the accused were part of an unlawful assembly, obstructed or blocked public space, manhandled police personnel and damaged public property.
The investigating officer sought 14 days of judicial custody, submitting that the accused could commit further offences or interfere with the investigation.
The defence opposed the plea, arguing that the accused were young and that several of them were students exercising their democratic right to dissent and protest. Counsel also submitted that no individual role had been specified against the accused in the grounds of arrest.
The defence further pointed out that although police claimed around 50 people were protesting, only 17 had been arrested. It argued that no CCTV footage of the alleged incident had been brought on record.
It was also submitted that some accused had sustained injuries and that their medical examinations were not conducted immediately after the incident.
Court Notes Right to Peaceful Protest
The court observed that the allegations against the accused were serious and that a police official had allegedly sustained injuries.
However, it noted that the right to protest peacefully could not be disputed, while assaulting police officials on duty was a serious concern.
The court also noted that, except for the offence under Section 132 of the BNS, the offences involved were bailable in nature.
It further observed that the accused did not appear to be habitual offenders and had their entire careers ahead of them.
Considering the facts and circumstances, the court ordered their release on bail subject to the prescribed conditions.
The court also ordered that the accused be produced before the concerned court on October 6 and directed that a copy of the order be supplied to the Deputy Commissioner of Police, New Delhi, for information and necessary compliance.