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‘Procedural formalities cannot render the bail illusory’: Delhi court orders release of JNU student protesters

The court was hearing a plea moved by the 14 students against a magistrate court order issued on Friday, which had sent them to 14 days of judicial custody even after they had been granted bail.

The court further noted that the law has consistently held that the purpose of bail is to secure the presence of the accused at trial, not to inflict pre-emptive punishment.The court further noted that the law has consistently held that the purpose of bail is to secure the presence of the accused at trial, not to inflict pre-emptive punishment. (PTI Photo)

A Delhi court on Sunday ordered the release of 14 Jawaharlal Nehru University (JNU) students who were arrested over alleged clashes with the police during a protest march on Thursday.

The court was hearing a plea moved by the 14 students against a magistrate court order issued on Friday, which had sent them to 14 days of judicial custody even after they had been granted bail.

While granting bail on Friday, the court had observed that although assaulting police personnel is a serious offence, the accused are students with their careers ahead of them.

On Sunday, while hearing the students’ plea challenging the court order that had sent them to judicial custody — pending the verification of their documents and bail bonds — Duty Magistrate Ravi of Patiala House Court said: “Although the said judgment pertained to verification of surety bonds by jail authorities and police after grant of interim bail, the underlying constitutional principle is clearly that procedural formalities cannot be so protracted as to render the judicial order of bail illusory.”

Purpose of bail ‘not to inflict pre-emptive punishment’: Court

The court further noted that the law has consistently held that the purpose of bail is to secure the presence of the accused at trial, not to inflict pre-emptive punishment.

“This court is of the view that the ends of justice would be met by permitting the release of the accused persons from judicial custody, pending verification of their bail and surety bonds, subject to stringent and carefully crafted conditions to address the concerns raised by the prosecution,” the court added.

On Friday, the students were granted bail against a bond of Rs 25,000 each.

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Patiala House Court Duty Magistrate Animesh Kumar had on Friday observed that the “allegations against the accused persons are serious in nature”, with around 27 police personnel having sustained injuries, but noted that the offences carry a maximum punishment of five years imprisonment, a factor that “cannot be ignored.”

Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023. Professional Background Education: Nirbhay is an economics graduate from Delhi University. Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories. Specializations: He has a specific interest in data stories related to courts. Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials. Recent notable articles In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories. 1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.  2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation. 3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police. Signature Style Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public. X (Twitter): @Nirbhaya99 ... Read More

 

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