New Delhi, Jul 1 (ILNS) A Delhi Court has granted anticipatory bail to Jugraj Singh, accused in the Red Fort violence case.
Special Judge at Tis Hazari Court Neelofer Abida Perveen heard an anticipatory bail application of Jugraj in two of the FIRs related to the Red Fort violence case.
The Court granted interim protection to the accused at this stage till the next date of hearing, subject to the condition that the accused shall join investigation, “and as and when called upon to do so by the respective Investigating Officers (IOs)”.
“The IO shall intimate the dates on which his presence shall be required, besides the ones mentioned in the present order by a written notice, affording him reasonable opportunity to travel from hometown to Delhi in the prevailing pandemic situation of restricted movements and lockdowns announced by the respective state governments,” the court said.
The Counsel for Jugraj contended that police has canvassed the case against him on the basis of video clippings/CCTV footages, but does not mention that he has been identified by any independent witnesses in the video clippings/CCTV footages.
He said Jugraaj is implicated only on the basis of identification by the co-accused, which is not admissible in law. It is not understandable as to how hoisting Nishan Sahib has caused embarrassment and humiliation to the people of this country. Moreover, co-accused Sandeep Singh Sidhu has already been granted bail, the Counsel added.
The Additional Public Prosecutor contended that despite specific orders of appropriate authorities on January 26, 2021 at around 1215 hrs, an unruly mob of over around 1000-1200 persons on 40-50 Tractors, 125-150 motorcycles and on private vehicles, reached at Shanti Van traffic light trying to break the barricades, in order to reach the Red Fort.
The accused was part of the unruly mob and he is the person who had hoisted the religious flag at the Rampart of the Red Fort on January 26, and that in one of the video footage is clearly seen climbing the flagpole located at the Rampart, Red Fort and hoisting Nishan Sahib in the presence of other co-accused persons.
In one video footage, he is seen carrying a sword, in another when the police is trying to stop the mob from entering the wells of the Red Fort, he is seen pushing policemen, and is clearly seen entering the Red Fort from the Lahore Gate with the unruly mob, the Public Prosecutor (PP) contended.
After hearing the Counsel, the Court observed that it is not being alleged against Jugraj that he caused any injury to the policemen on duty or had assaulted the police men on duty, though he is seen resisting policemen from preventing him and other members of the unlawful assembly from entering the Well of the Red Fort.
Offence under Section 30 of the Ancient Monuments and Archeological Sites and Remains Act, 1958, is made punishable with imprisonment up to two years, offence under Section 353 IPC is punishable with imprisonment up to two years and under Section 188 IPC, maximum prescribed imprisonment is up to six months.
The Court relied on the order of the Supreme Court passed on May 7, 2021, in a Suo Motu Writ Petition, in a case regarding spread of COVID-19 in Prisons, taking stock of the prevailing situation arising from the unprecedented surge in and spiralling cases in the second wave of COVID-19 pandemic, in order to limit fresh arrests in contravention of the directives issued in the Judgement of Arnesh Kumar vs the State of Bihar has called for strict adherence to the same reminding the authorities concerned that any arrest in contravention would tantamount to Contempt of Court.
The Supreme Court of India in Arnesh Kumar vs State of Bihar and Anr on July 2, 2014, had issued specific directives attending arrests of accused in cases pertaining to offence under Section 489A IPC, and extended to all offences made punishable with imprisonment upto seven years. The court fixed the mater for July 20 for further consideration. ILNS/SHV/SNG/RJ