Delhi High Court Denies Bail To Four Who Allegedly Defiled Statue Of BR Ambedkar On Independence Day, Hurled Caste Based Abuses & Injured Others

The Delhi High Court has recently denied bail to four people, including three men and one woman, who had allegedly defiled the statue of BR Ambedkar on the occasion of Independence Day, hurled caste based abuses and caused injuries to eight people.

Justice Manoj Kumar Ohri was dealing with bail pleas in relation to an FIR registered under sec. 3(I)(II)(III) and 3(1)(x) of the SC/ST Act and sec. 323, 341, 354, 509, 147, 148 and 34 of IPC.

It was the case of the Prosecution that the victims had gone to hoist the national flag on Independence Day. However, they were prevented by the applicants from hoisting the flag wherein they had allegedly outraged the modesty of women, hurled caste-specific abuses, defiled the statue of Ambedkar installed in the plot and caused injuries to the victims. 

It was also alleged that the applicants piled up cow dung and garbage near the statue as a result of which provisions of SC/ST were attracted in the matter.

According to one of the applicants, it was submitted that the complaint was motivated in view of a land dispute pending between the parties. 

It was also submitted that the applicant had submitted a complaint belonging to Archaeological Survey of India alleging that the complainant in the instant matter by installing the statue of Baba Sahab Shri Bhim Rao Ambedkar was in fact trying to encroach upon the land. 

It was also submitted that the reading of FIR does not show that any caste-based remarks were hurled at any particular person and that only the word 'Chamako' was mentioned in the FIR.

The Prosecution, on the other hand, submitted that after reaching the spot, the crime team had photographed the place of incident where it was clearly visible that cow dung and garbage were piled up near the statute.

While submitting that the investigation was ongoing, it was argued that the video footage from the date of incident recorded the presence of all the four accused persons at the spot.

"Keeping in view the aforesaid, I found no ground to admit the applicants on bail. The bail applications are accordingly dismissed as not maintainable," the Court said.

Accordingly, bail was denied to the applicants.

Title: DEEPAK v. STATE OF NCT OF DELHI and others

Click Here To Read Order