A Delhi court has granted bail to six protesters arrested in the India Gate (Kartavya Path) protest case, noting they are not required for further investigation. The court also said the prosecution failed to show any risk of witness tampering or flight.
A Delhi court on Friday granted bail to six protesters who were arrested in connection with a protest held at Kartavya Path, where slogans were allegedly raised in support of slain Maoist commander Madvi Hidma.
The court said that the accused were not required for any further investigation and had already spent sufficient time in custody.
Additional Sessions Judge Amit Bansal was hearing the bail pleas filed by Ilakkiya, Ayisha Wafiya, Ravjot Kaur, Gurkirat Kaur, Abhinash Satyapathi and Kranti. While allowing the pleas, the court took note of the fact that each of the applicants had remained in judicial custody for around one month.
In its order, the court observed,
“The applicants (six accused people) have already suffered a custody of about one month each, and it seems from the submissions that they are not required for any further investigation.”
The court further noted that the prosecution had failed to show any serious reason to keep the accused behind bars at this stage of the case.
Rejecting the prosecution’s concerns, the judge said,
“No reasonable apprehension has been shown by the prosecution that there is a threat of tampering with the witnesses or that the applicants are a flight risk,”
and added that the bail conditions could adequately address such concerns.
The court also clarified that none of the six accused were members of any banned organisation. It specifically noted,
“It is not the case of the prosecution in the reply to the bail applications that BSCEM (Bhagat Singh Chhatra Ekta Manch) or Himkhand (of whom the applicants were members) is a banned group or organisation,”
thereby weakening the prosecution’s argument linking the protesters to unlawful activities.
Accordingly, the court directed all six accused persons to furnish a personal bail bond and a surety bond of Rs 50,000 each. Along with this, several conditions were imposed to ensure their cooperation with the investigation.
The accused have been directed not to leave India, not to tamper with evidence, to join the investigation whenever required, and to appear before the Station House Officer (SHO) of Kartavya Path police station on every second Wednesday until the police file the chargesheet.
While recording the background of the case, the court referred to the prosecution’s version of events. As per the police,
“on November 23, the applicants participated in a protest affiliated with Students’ Federation of India (SFI), BSCEM and Himkhand, which was under the banner of Delhi Coordination Committee for clean air operating under the social media account the Himkhand.”
The court further noted the allegations made against the protesters during the demonstration. It recorded that,
“they allegedly sat on C-Hexagon road, blocked traffic, obstructed the police officials from performing their duties, raised slogans unrelated to pollution and during the protest, applicant Aiyashah Wafiya Midhath handed over a pepper spray to one co-accused, Akshay, who sprayed it on the face of Constable Ishant, causing him simple injuries”.
According to the police, a total of 23 protesters were arrested in connection with the agitation, in two separate cases registered at the Parliament Street and Kartavya Path police stations. The investigation in both cases is still ongoing, and the chargesheet is yet to be filed.
With the grant of bail, the court made it clear that the accused must strictly follow the conditions imposed, and any violation could lead to cancellation of bail.
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