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Delhi Court Grants Bail to 5 Accused in Republic Day Violence, Including Class X Student

The Wire Staff
Mar 04, 2021
The court said the accused cannot be kept in custody "merely on the apprehension that they might again commit a similar offence".

New Delhi: A Delhi court on Wednesday granted bail to five persons, including a Class X student, in a case related to the violence on Republic Day during the farmers’ tractor parade against the Centre’s three new farm laws, saying they cannot be kept in custody “merely on the apprehension that they might again commit a similar offence”.

Passing the order at the Tis Hazari court, additional sessions judge Sudhanshu Kaushik granted bail to Ravi, Ashish, Parvesh, Deepak Singh and another who is studying in Class X. They were asked to furnish a bail bond of Rs 30,000 with one surety of like amount each in the case of violence in Nangloi area.

The court noted that the police alleged that the accused persons were amongst the protesters who attacked some officers and robbed a gas gun of the police, but the same could not be recovered.

“Record shows that investigation in the matter qua the applicant (Ravi), already stands concluded. He is stated to be in custody for the last more than a month. No previous criminal involvement of the applicant has been alleged by the prosecution,” the court said.

“Keeping in view all these factors, I am of the considered opinion that there is no point in keeping the accused detained in custody. He cannot be kept detained in custody merely on the apprehension that he might again commit a similar offence, more-particularly when there is no record of previous involvement,” the judge said in similar orders passed on the five bail pleas.

During the hearing, the counsel for the accused claimed they had been falsely implicated in the case and had come to Delhi to peacefully participate in the protest march of the farmers.

Their counsel further said the accused have not been captured in any CCTV cameras and there was a delay of around 18 hours in registration of the FIR which has not been explained by the prosecution.

According to the Indian Express, the Class X student’s lawyers told the court that keeping him in custody would “harm his career” and “cause undue hardship to his family”.

Additional public prosecutor Balbir Singh, appearing for the police, opposed the bail pleas, submitting that the accused were “not farmers” and were allegedly “hired” to participate in rioting.

The public prosecutor further claimed that since the farmers’ protest is still underway, there was every likelihood that the accused might commit a similar offence if released on bail.

Several protesting farmers clashed with the police in the national capital on January 26 during a tractor parade to highlight their demands, including the rollback of the three Central laws.

Many of them, driving tractors, reached the Red Fort and entered the monument, where a religious flag was also hoisted. Over 500 police officers were injured and one protestor died. Nearly 150 people have been arrested in cases related to the violence.

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