Jantar Mantar Sloganeering: ‘Undemocratic and Uncalled For Remarks’ Delhi Court Rejects bail Plea Of Three Accused
(Judicial Quest News Network)
The Delhi Court has rejected the bail application of three accused persons booked under Section 153A (Provocation with intent to cause riot) in the Jantar Mantar communal sloganeering incident in which inflammatory and anti-Muslim slogans were made.
The three accused Preet Singh, Deepak Singh Hindu, and Vinod Sharma who have been arrested in connection with alleged inflammatory and anti-Muslim sloganeering at Janta Mantar.
Link Metropolitan Magistrate Udbhav Kumar Jain rejected the bail pleas of the three accused on August 12.
The court observed that the investigation against the applicants is at nascent stage and in consideration of the facts as well as the nature of allegations levelled against the three, the Court was not inclined to allow the application at this stage.
Delivering 3 separate bail orders, the Judge noted that with regard to the commission of offence u/s 153A IPC, the FIR had no specific allegation against the applicants.
However, on prima facie perusal of the material available on record including the alleged video footage, the Court noted that the same failed to find support in favour of the applicant/accused.
Reply has been filed by IO wherein the IO has vehemently opposed
the bail application on the ground that according to CDR report, as of now, accused was present on the spot at or around 2 pm. Presence of accused is confirmed through obtained video footage. Release of applicant/accused will be prejudicial in maintaining public tranquillity and will further create serious law and order situation. There are hances that the applicant/accused will create communal disharmony.
On the other hand, the Counsel for the accused contended that they were not even present at the time of the alleged incident. Further, they sought bail on the ground of parity since other accused allegedly involved in the presence matter were granted bail.
As far as the offence u/s 153A IPC is concerned, even though from
perusal of the FIR no specific allegation against the applicant/accused can be ascertained and that, even the FIR is silent with regard to commission of offence u/s 153A IPC, yet prima facie perusal of all the material available on record including the alleged video footage, fails to find support in favour of the applicant/accused.
Videos of the mob at the gathering shouting slogans openly calling for the killing of Muslims had emerged on Sunday. Lawyer Ashwini Umar Upadhyay, who has now been granted bail by the court, claimed that the slogans were raised after the meeting organized by him was over. He had organized by him was over. He had organized a meeting calling for the repeal of “Colonial-era laws”.
