Updated: June 3, 2020 3:48:26 am
A Delhi court has granted bail to Pinjra Tod activist Devangana Kalita (30), who was arrested by the Delhi Police for allegedly participating in protests in Darya Ganj on December 20 last year, which turned violent towards the evening.
Metropolitan Magistrate Abhinav Pandey granted bail to Devangana on furnishing a surety in the sum of Rs 30,000 with two local sureties.
The court while granting bail observed that from the investigation carried out till now, “no direct evidence attributable to the accused has been found to bring her for the offences under 325 (punishment for voluntarily causing grievous hurt)/353 (assault or criminal force to deter public servant from discharge of his duty) of IPC”.
Devangana was produced after her three-day police custody expired. The IO in the case had moved an application seeking Devangana’s 14-day judicial custody. She was represented by her lawyer, Adit S Pujari, who argued that the accused was ready to cooperate with the investigation and undertake to comply with any conditions imposed by the court.
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The court noted that the investigation was conducted on the basis of MLCs conducted of injured persons and as per the call detail records obtained, the accused was found present at the scene at the time of commission of offence. “CCTV footage also reportedly does not specifically show the accused to be involved in any violent activity. Disclosure statement made before the police and injuries of the person accused reflected in the MLC, which got conducted by the accused on her own accord, is not sufficient to make a strong prima facie case against the accused so as to deny bail,” the order read.
The court also noted that no incriminating material was recovered from the phone and laptop seized from the accused. “In such a situation, the inference whether the accused incited or participated in the mob violence or had intended to participate in a peaceful protest only which later on acquired a violent nature, can only be reached upon appreciation of evidence in course of trial,” the order read.
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