[Republic Day Violence] "Sitting On Roof Of Car With National Flag Prima Facie Shows His Role To Instigate Unruly Mob": Delhi Court Denies Bail To Accused

A Delhi Court recently denied bail to a man in relation to the Republic Day violence after observing that he was an active member of the unruly mob which diverted the prescribed routine by breaking police barricades at three areas and forcibly entered the Red Fort area thereby attacking the police personnel and damaging their vehicles.

It was the case of the Applicant that he had participated in a "peaceful protest" in tractor rally which can be seen from the photographs showing that he was sitting on the top of his own car having national flag in his hand and taking photographs of being a proud Indian.

Additional Sessions Judge Charu Aggarwal denied bail to one Dharmendra Singh Harman after observing thus:

"..He is shown to be an active member of the unruly mob who took law in their hands firstly by diverting from the prescribed route, thereafter, by breaking police baricades not only at one place but in three areas including the Red Fort area where they forcibly entered and attacked on the police personnel and damaged their vehicles and in the incident several police personnels got injured. In the photograph relied upon by the prosecution, applicant is clearly shown sitting on the roof of his car alongwith national flag which prima-facie show that he had an active role to instigate unruly mob."

The FIR was registered under sec 147, 148, 149, 152, 186, 269, 279, 353, 332,307, 308, 395, 397, 427, 188, 120B and 34 IPC read with sec. 25, 27, 54 and 59 Arms Act , Sec. 3 of Prevention of Damage to Public Property Act, 1984 and Sec. 30 of Ancient Monuments Preservation Act.

It was submitted by the Applicant that there was no specific role assigned to him in the alleged crime. It was also submitted that the best role the prosecution could assign in the case was regarding breaking of the barricades and in view of this, only the offence under sec. 186 of IPC can be attracted which is a bailable offence.

Moreover, it was argued that he was "neither the instigator, nor the agitator" and did not have any active role in the crime or violence which happened in the area of Red Fort.

On the other hand, Additional Public Prosecutor Virender Singh argued on behalf of the State that since the allegations against the applicant were very serious and sensitive in nature involving national issue, bail should not be granted by the Court in the matter.

It was also submitted by the APP that he had an active role in the crime as he was one of the agitator and instigator of the unlawful assembly. While relying on the said photographs, the APP argued that the applicant was seen sitting on top of his car with a national flag in his hand and other tractors following him are shown to be around his car.

Observing that there was a prima facie case against the applicant showing that he had an active role to instigate the unruly mob, the Court held:

"Investigation is at nascent stage, therefore, the possibility that if applicant is admitted on bail, he may try to influence the investigation cannot be ruled out. Accordingly, at this stage no ground for bail is made out. Application is hereby dismissed."

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