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Last week bail was granted to Rajkumar, also known as Lovepreet, by the High court of Delhi. He was arrested last year under suspicion and allegations that he was having links with Khalistani extremist groups. On June 16, 2020, a First Information Report (FIR) was filed against Lovepreet after which he was arrested on June 18. He was held in New Delhi's Mandoli Jail until February 11. By the time he filed a petition before the High Court, he had already spent a total of 150 days in jail. It was contented by the petitioners that Lovepreet had been denied his basic right to apply for bail and the Delhi Police had had an unreasonable delay in filing the charge sheet. It has been alleged by the petitioners that the 90-day detention term and the ensuing termination of the inquiry period expired on 11 November 2020. However, the charge-sheet was not filed until that day.
After this Lovepreet has filed an application for default bail under section 167(2) of the Criminal Procedure Code(CrPC), but it was dismissed by a special judge on November 17th last year. Furthermore, the petitioners had argued that the extension of the investigation period was not given based on fair and cogent grounds. The extension order was only passed because there was deliberate concealment of the facts in front of the high court and hence it was non-est in the eyes of law, counsel for Lovepreet argued before the High Court. After considering the evidence on record, the Court observed that, regarding the fact that the sanction was received by the Police commissioner on 5 November, the charge sheet had not been submitted during the extended investigation duration.
The court held that Lovepreet is entitled to default bail even on November 11th of last year itself, it placed its reliance on the supreme court case of Hitendra Vishnu Thakur and ors V. State of Maharashtra Accordingly, the Court ordered that he be released immediately on bail, after furnishing personal and security assets.
“Justice Suresh Kumar Kait granted bail to Lovepreet on his furnishing a personal bond of Rs. 25,000 with two sureties of the like amount”
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