The JNU student was arrested in May, along with Natasha Narwal, in connection with the violence in northeast Delhi, Daryaganj and during protests against the CAA.
New Delhi: Delhi High Court granted bail to Devangana Kalita, a member of Pinjra Tod, in a case of violence in northeast Delhi, saying police did not prove that he instigated women in a particular community or she delivered a hate speech, as she was seen in a peaceful upheaval that is her Right.
The agitation, conducted against the CAA citizenship law, had long raged with print and electronic media present at all times, in addition to the police department cameras, but there is no evidence to establish that the alleged crime took place. in the action of Kalita. the Superior Court said.
The evidence produced constituted long-delayed recorded statements, according to section 164 of the CrPC, although witnesses allegedly remain present at the scene throughout the process, the court observed.
“The accusation record against the petitioner was already presented on June 2. In addition, I reviewed the internal diary of the case prepared in a sealed cover along with a pendrive and found that although her presence is seen in a peaceful agitation, that it is a right fundamental guaranteed.However, under article 19 of the Indian Constitution, he did not present any material that, in his speech, instigated women from a particular community or delivered a hate speech due to which the precious life of a young man and property was damaged, “Judge Suresh Kumar Kait said in the 21-page sentence.
The court granted Kalita a bond by providing a personal bond of Rs 20,000 and a bond of a similar amount. He also ordered that he will not directly or indirectly influence any witnesses or alter the evidence and that he will not leave the country without the permission of the court of first instance.
Kalita, however, will not be released from jail, as he has managed to obtain bail in only three of the four cases recorded against him. She has yet to get bail in a case under UAPA.
Kalita and another member of the group Natasha Narwal were arrested in the case in May by the Delhi Police Crimes Division and recorded in various sections of the Indian Penal Code, including riots, illegal assemblies and assassination attempts.
They have also been registered under the strict anti-terrorism law – Illegal Activities (Prevention) Law in a separate case related to community violence, for allegedly being part of a “premeditated conspiracy” in the riots.
Clashes between communities had erupted in northeast Delhi on February 24 after violence between supporters of the citizenship law and protesters spiraled out of control, leaving at least 53 dead and around 200 injured.
In total, four cases have been recorded against him, including in relation to the northeast Delhi riots earlier this year and the violence in the Daryaganj area of Old Delhi during protests against the Citizenship Amendment Act ( CAA) in December of last year.
The police had previously told the high court that they do not have the videos from the time when Kalita was allegedly making inciting speeches during the riot incident.
She had said they had the videos of her allegedly instigating people before the riot incidents that took place on February 24 and 25 and also on February 22 and 23 when a large crowd was sitting and protesting in front of the station. Jafrabad metro against the Citizenship Amendment Act (CAA).
The higher court, in its verdict, said that Kalita met the triple test that has been confirmed by the Supreme Court in the money laundering case of Congressional leader P Chidambaram in the way she was arrested without even a notice under the CrPC and remained available at his home on May 23 and even provided his phone number to the police earlier and had also joined the investigation.
Evidently, he did not try to evade arrest or even to request advance bond because he had no reason to believe that he should be in custody. The petitioner is a student who is in higher education and has sufficient prestige in society without any possibility of fleeing justice, the court said.
Regarding the manipulation of evidence, the court said that the material in relation to his participation in the protests is available at the investigating agency and there is no documentation or evidence of any other nature in his possession.
In the third test, influencing witnesses, the court said that it was not in a position to influence the FIR witnesses, who in any case seem to be related to public servants / police. The court said it is established law that the purpose of incarceration during trial is not punitive and that incarceration should be limited to cases where it is absolutely essential.
“In my weighted opinion, no harm would be caused to the defendant’s investigation by granting reparation to the petitioner, and it would prevent her from suffering further unnecessary harassment, humiliation, and unjustified detention. In addition, persons similarly located as the petitioner, according to documents placed on file by the investigating agency have not been arrested by the investigating agency in the subject FIR, and as such, continued custody of the petitioner in the subject FIR would be of no use, “said Judge Kait.
Kalita had challenged a lower court order that had dismissed her application for bail.
Pinjra Tod (Break the Cage) was founded in 2015 with the goal of making hostels and paid accommodation less restrictive for female students.
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