Delhi Court Grants Bail To 15 Persons Arrested Over Alleged Violence During CAA Protests In Daryaganj

A Delhi Court on Thursday allowed the bail applications of 15 persons who were arrested by Daryaganj police on December 21, 2019 on allegations of violence during anti-CAA protests.

Additional Sessions Judge Dr Kamini Lau of Tis Hazari Courts ordered that the bail will be subject to the accused executing a bond of Rs 25,000 each and furnishing a surety for the same amount. They have been asked to appear before the Station House Officer on last Saturday of every month until further orders, and to surrender their passports, if any. They have also been asked to not to influence the witnesses.

Earlier, Tis Hazari Chief Metropolitan Magistrate had rejected their bail applications on December 23, 2019.

The FIR registered by Daryaganj police station mentioned Sections 147, 148, 149, 186, 353, 332, 323 and 436 of Indian Penal Code, and sections 3 and 4 of Prevention of Damage to Public Property Act.

Senior Advocate Rebecca M John, appearing for the arrested persons, submitted that there was no ground to invoke Section 436 IPC, as no dwelling house or place of worship had been attacked by fire, even as per the FIR allegations. There was no destruction of public property, either. The FIR is based on the allegation of setting ablaze a car, she pointed out.

She also pointed out that they had been in jail for 19 days now.

She then submitted that the the other two non bailable offences (Ss 353, 332 IPC) prescribed terms of 2 and 3 years respectively. Hence, there was no requirement of mandatory arrest, as per the SC dictum in Arnesh Kumar case which held that arrest for offences with less than 7 years imprisonment should be made only in exceptional circumstances.

She pressed for their release on bail submitting that the detained persons come from low income groups and there there's no way that they can 'influence the witnesses' or 'tamper with the evidence'.

Public Prosecutor, Pankaj Bhatia opposed the bail applications saying that the acts caused serious injuries to police men and damages to properties.

Judge Lau had summoned the medico-legal certificates and the CCTV footages with respect to the case. She had also orally remarked that every one has right to protest but within the parameters of constitution.