New delhi: Noting that the accused was not carrying any weapon and was merely standing in the crowd and recording videos and taking photographs, a Delhi court on Monday granted bail to a man accused in the Republic Day violence case when several famers barged into the Red Fort premises and clashed with police personnel on duty during the ongoing tractor rally.
In her order, Additional Sessions Judge Charu Aggarwal, noting that the only material against the accused with the prosecution is his photographs at the spot i.e., Red Fort, stated that, "The photographs placed on record by the Investigating Officer (IO) show that the applicant was not carrying any weapon and is "merely standing in the crowd and recording videos and taking photographs".
The court added: "No active role as of instigator or attacker on the police personnel has been assigned to the applicant in the alleged crime".
Granting bail to one Mandeep Singh on a personal bond of Rs. 25,000, ASJ Aggarwal further observed that, "At the stage of the matter, mere presence of the accused at the spot cannot justify his further incarceration as he is already in JC since February 27," while adding that investigation with regard to his role in the case is already complete and therefore the facts and circumstances merit him being
granted bail.
Additional Public Prosecutor Virender Singh, while opposing the bail application, submitted that the allegations against Singh were serious in nature as he along with other protestors after initially breaking police barricades at Sanjay Gandhi Nagar and then at Burari, violating all rules and regulations, allegedly forcibly entered the Red Fort where they purportedly attacked police personnel and vandalised their vehicles.
APP Singh argued that the photographs placed on record clearly show the presence of the accused at the spot and is hence sufficient to show his culpability in the offence.
Meanwhile, counsel for the accused argued that Singh had been falsely implicated in the case and no active role has been assigned to him in the alleged crime.
In another bail application concerning one Mohinder Singh, the court noted that the CDR of the accused submitted by the IO showed that he reached the Red Fort in the evening which "clearly shows that applicant was not present at the spot at the time of incident in the morning".
Granting bail to Mohinder Singh, the court further noted that the purpose for which the applicant reached at the Red Fort in the evening is a matter of trial and at this stage when the investigation with regard to him is complete and he has been in judicial custody since February 27, the court deemed fit that he be granted bail.