Breaking: "Incarceration Would Bear No Fruit, Would Be Injustified": Delhi Court Grants Bail To Deep Sidhu In ASI FIR Alleging Damage To Red Fort

A Delhi Court on Monday granted bail to Deep Sidhu arrested in connection with the second FIR registered by the Archaeological Survey of India alleging damage to the historic monument and vandalism by rioters.

Bail was granted after Reliever MM Sahil Gupta reserved orders in the bail application on Saturday after hearing the defense and the prosecution at length.

The Court granted bail to Sidhu subject to furnishing of personal bond in the sum of Rs. 25,000 with one surety of like amount.

"Considering the submissions made, I am of the considered opinion that Applicant's further incarceration in the present case would bear no fruit and therefore would be unjustified, nor would the restoration of Applicant's liberty be detrimental to the investigation being conducted by the police authorities. The accused has already been interrogated in PC for 14 days and has been in custody for about 70 days when he has been granted regular bail by Ld. ASJ on similar facts. Any further restraint upon his liberty would be neither logical nor legal." The Court observed while granting bail to Sidhu.

During the course of hearing, it was argued by Advocate Abhishek Gupta appearing on his behalf that the conduct of the investigating agency for arresting him was prima facie illegal and arbitrary and was a sheer abuse of Rule of Law.

Abhishek Gupta argued at length seeking grant of bail on the following major points: first, both the FIRs were identical and based on similar facts, second, having granted bail in one FIR, bail must be granted in the said FIR also and third, the arrest was illegal, mala fide and arbitrary.

About the FIR

Deep Sidhu was arrested again hours in another FIR filed by the Archaeological Survey of India after being granted bail in the FIR pertaining to red fort violence case connection with the violence that broke out during the farmer's tractor rally on Republic Day.

The FIR was registered on the basis of a complaint made by Gunjan Kumar Srivastava, Superintendent Archaeologist alleging that a mob barged inside the Lahore Gate, damaged electrical fittings of illuminated lights, charged towards the Red Fort rampart and forcefully hoisted a flag on the pole where the Hon'ble PM hoists Indian National Flag on independence day.

The said FIR has been registered under sec. 147, 148, 149, 153, 452, 34 of IPC along with sec. 25, 27 of Arms Act, Sec. 3, 4 of PDPP Act, Sec. 2 of Prevention of Insults to National Honours Act and Sec. 30A, 30B of Ancient Monuments and Archaeological Sites and Remains Act.

Stating that Red Fort is a UNESCO World Heritage Monument which is protected under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the FIR alleges that on the Republic Day at around 12:10 PM, about 25 tractors and 200-300 protestors entered Gyanpath area through Netaji Subhas Marg and attempted to push their way into the Red Fort through the Lahori Gate.

Grant of Bail to Deep Sidhu in Red Fort Violence FIR

While granting bail to Sidhu, Additional Sessions Judge Neelofer Abida Perveen observed thus:

"The prosecution's case rests largely and on contents of video recordings and footage available and accessible to all on social media sites in public domain. There is a remote possibility of applicant being able to interfere with the content on such platform."

Bail was granted subject to his furnishing personal bond with two local sureties in the sum of Rs. 30,000/- each to the satisfaction of the Court.

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