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Devangana Kalita, Pinjra Tod member was granted bail by a Delhi Court related to the Daryaganj FIR which was registered in connection with Anti-CAA protests that occurred in December 2019. Devangana who was already in a judicial custody before, in nexus with the FIR registered for the February Jafrabad Anti-CAA protest, was arrested on 30th May by the Crime Branch, Delhi police. Devangana was remanded police custody for three days. Advocates Adit Pujari, Tusharika Mattoo appeared for Devangana.
The Delhi Police moved an application on 2 June 2020, after the expiration of the police custody to the Duty Metropolitan Magistrate, Tihar jail, Abhinav Pandey, to send the accused into Judicial Custody for next 14 days. Since the plea was unchallenged, she was remanded judicial custody till 16th June. As soon as the order was pronounced, counsel for the accused moved a bail application before the court.
Counsel for the accused pleaded the court that they couldn’t appear before the court on time as the Investigating Officer did not intimate them, the hearing timings. Since the counsel were behind the schedule by a few minutes, the court decided to take up the prayer of the bail application. Counsel for the accused pleaded to the court that the co-accused in the FIR has already been granted the Bail and all the cooperation will be extended by the accused to make the investigation easier. After hearing both the parties the court pronounced that as till now, no direct evidence had been found to establish that the accused indulged in any of the offences under section 325(Punishment for voluntarily causing grievous hurt) and 353 ( Assault or criminal force to deter public servant from discharge of his duty) of IPC.
The court took cognizance that the investigation in the FIR was carried out on the basis of the MLCs of the injured to ascertain their presence at the scene of the happening of incident at the time of the commission of the offences. The court stated that the CCTV footage does not show that the accused was involved in any violent activity. Disclosure of the statements and the injuries sustained was due to the conduct of the accused herself, these are not sufficient evidences to make a strong prima facie case and deny bail to the accused.
The court stated that the accused was not a habitual offender or a convict or involved in any other criminal proceeding of the same incident, also there were no incriminating evidences that were found in the laptop/phone of the accused.
Thus, holding that an inference that accused incited or participated in the mob violence could be reached only if solid evidence is produced in the trial. The court granted bail to Devangana.
As per the direction of the court, the bail is conditional on Devangana and a personal bond to be furnished by her of Rs. 30,000 with two local sureties of the same amount. The accused will deposit her passport before the Duty MM/ concerned court till further orders.
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