Republic Day Violence- "Mere Presence Of Accused Cannot Justify His Further Incarceration": Delhi Court Grants Bail

A Delhi Court has recently granted bail to one Akashpreet Singh in connection with the violence that broke out during the tractor parade on Republic Day in relation to the farmers protest after observing that mere presence and climbing on wall of Red Fort by the accused cannot justify his further incarceration.

Additional Sessions Judge Charu Aggarwal granted bail after noting that the investigation qua accused was already completed in the matter and therefore, allowed the bail application subject to furnishing of personal bond of Rs. 25,000 and a surety of like amount.

"Presently, the only material against the applicant with the prosecution is his photographs at the spot i.e. Red Fort showing that he is climbing at the wall. No active role as of instigator or attacker on the police personnel has been assigned to the applicant in the alleged crime. At this stage of the matter, mere presence and climbing on wall by the accused cannot justify his further incarceration as he is already in JC since 03.02.2021." the Court observed at the outset.

Akashpreet Singh was sent to judicial custody on 3rd February 2021 after an FIR was registered against him under sec. 307, 308, 395, 397, 427, 188, 120B and 34 IPC read with sec. 25, 27, 54 and 59 of Arms Act read with sec. 3 of Prevention of Damage to Public Property Act, 1984 and Sec. 30 of Ancient Monuments Preservation Act.

Applicant's Case

It was the case of Singh that there was no active role assigned to him in the alleged crime and that he was falsely implicated in the case. Moreover, it was submitted that according to the prosecution's case, the applicant was only present at the Red Fort and was climbing the wall, however, mere presence and climbing on the wall of Red Fort cannot make him a member of the unlawful assembly.

While making the said submission, reliance was made on the case of Usmangani @ Bhura Abdul Gafar & Anr. Vs. Gujrat (2020) 12 SCC 503 wherein the Court held that mere presence of the accused on the crime scene cannot make him the member of unlawful assembly.

Furthermore, it was submitted that Singh in fact was the "victim of the crime" as he suffered a firearm injury while performing sewa of distributing water to the people near the spot.

Prosecution's case

On the other hand, it was the case of the prosecution that since the accused, along with other protestors, broke the police barricades and forcibly entered the Red Fort area thereby attacking the police and damaging police vehicles, bail should not be granted to him.

In order to substantiate the arguments, photographs showing Singh's presence at the Red Fort and him climbing the wall located at the back side of rampart were placed on record. In view of this, it was submitted that since the investigation is on an initial stage, the said photos were suffice to show his culpability in the offence.

Court's Observation

Noting that the only material available with the prosecution against Singh was the said photographs of the spot, the Court observed that mere presence and climbing on the wall cannot justify his further incarceration in the event of him being in judicial custody since 3rd February 2021.

"Investigation qua him is already completed. His medical documents have been verified by the IO which are found to be genuine. Looking into the entire facts and circumstances, applicant is admitted on bail subject to furnishing of personal bond to the tune of Rs.25,000/- and surety bond of like amount to the satisfaction of concerned Ld. MM/Duty MM/Link MM." the court ordered.

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