"IO Not Sure If Carrying 'Talwar' By Sikhs Is Prohibited Or If His Presence At Red Fort Is Grave Offence": Delhi Court Grants Bail To One In Red Fort Violence Case

Observing that the Investigating Officer is not sure as to whether the act of carrying a Talwar or Pharsa by Sikha is an offence or that the presence of accused at Red Fort is a grave offence, a Delhi Court on Saturday granted bail to one Khempreet Singh in connection with the Red Fort violence case.

Additional Sessions Judge Kamini Lau granted regular bail to Khempreet Singh, a 23 year old boy after observing that he is not involved in the case.

"The charge-sheet against the applicant/ accused has already been filed and he is no longer required for investigations. Photographs and the videos placed on record and relied upon by the prosecution are not very clear nor the presence of the applicant/ accused attacking anyone can be seen." The Court said.

Furthermore, the Court, relying on the observations of the Delhi High Court while granting bail to Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita in the Delhi riots case, observed thus:

"Also, I have repeatedly asked the Investigating Officer if carrying a Pharsa or Talwar by Sikhs and Nihangs are prohibited upon which they are not very sure. Further, I have asked the Investigating Officer if the presence of the accused at the Red Fort was a very grave offence and non bailable. The Investigating Agency is also not sure of the same. To my mind, most of these offences are bailable and 14 accused out of 18 arrested have been granted bail. In fact, the main conspirators as per the Delhi Police namely Deep Sandhu and Iqbal Singh have already been granted bail."

"The applicant/ accused who is a young boy of 23 years is a resident of Delhi and is not involved in any other case. It is settled law that an accused is deemed innocent till proved guilty." The Court said.

The Court granted bail to Singh subject to his furnishing of personal bond in tune of Rs. 50,000 and one local surety of like amount.

An FIR was registered against Deep Sidhu by the Crime Branch (Central Delhi) of the Delhi Police in connection with the violence that broke out at Red Fort on Republic Day under sec. 147, 148, 149, 152, 186, 353, 332, 307, 308, 395, 397, 427 and 188 of the IPC read with sec. 25, 27, 54 and 59 of the Arms Act, 1959 and sec. 3 of the Prevention of Damage to Public Property Act 1984.

Deep Sidhu, accused of instigating violence as being the alleged "main instigator", was granted bail by the Court in April this year.

Advocates Jaspreet Singh Rai and Jagdeep Singh Dhillon appeared on behalf of the accused whereas APP Pankaj Bhatia appeared for the State along with IO Pankaj Arora.

In a similar development, the Court had extended interim protection from arrest till July 20 of "Gangster turned activist" Lakha Sidhana, wanted by the Delhi Police in connection with his alleged role in the same FIR.

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