The Delhi High Court today allowed the bail plea filed by Pinjra Todactivist Devangana Kalita in a case related to the Delhi Riots. While granting bail, the Court said that Kalita would be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention.
The bail is subject to Kalita furnishing a personal bond of Rs 25,000 with one surety of the like amount to the satisfaction of trial court, if not required in any other case.
The order was pronounced by a Single Judge Bench of Justice Suresh Kumar Kait after it was reserved last month in Delhi Riots Case.
The Court opined that Kalita satisfied the triple test for releasing a person on bail and remarked,
..no prejudice would be caused to the Respondent’s investigation by grant of relief to the petitioner, and she would be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention. Moreover, persons similarly placed as the petitioner, as per documents placed on record by the investigating agency, have not been arrested by the investigating agency in the subject FIR, and as such, the continued custody of the petitioner in the subject FIR would serve no purpose.
The Court also perused the inner case diary which was supplied to it in a sealed cover and observed,
..though her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution of India, however, (Delhi Police) failed to produce any material that she in her speech instigated women of particular community or gave hatred speech due to which precious life of a young man has been sacrificed and property damaged…there is no such evidence which establishes that the alleged offence has taken place on the act done by the petitioner, except statements recorded under section 164 Cr.P.C. much belatedly, though, those witnesses were allegedly remain present at the spot throughout.
Clarifying that it was not commenting on the merits of the prosecution case, the Court held that Kalita was entitled to bail in the present case.
“I find no substance in arguments of learned ASG and cases relied upon are no help in the facts and circumstances of the present case.”, the Court said.
Out of the four FIRs against her, Kalita has secured bail in three.