BREAKING: Delhi Court grants bail to Freelance Journalist Mandeep Punia, reiterates "bail is a rule and jail is an exception" [READ ORDER]

A Delhi Court today granted bail to freelance journalist Mandeep Punia, who was arrested by the Delhi Police from Singhu border while he was covering the farmers' protests.

. Chief Metropolitan Magistrate Satvir Singh Lamba pronounced the bail order today, after opining that it is unlikely that Punia would influence the course of the investigation and given the well-settled legal principle that bail is the rule.

. "... there is no possibility that accused/ applicant can able to influence any of the police officials . Admittedly, the accused is a freelancer journalist. Moreso, no recovery is to be effected from the accused person and keeping the accused further in Judicial Custody would not serve any cogent purpose . It is well settled legal principle of law that 'bail is a rule and jail is an exception '. Hence, considering the totality of facts and circumstances of the present case, submissions on behalf of both the parties as well as keeping in view the period of detention of the accused in judicial custody, he is admitted to bail ", reads the order . Punia's counsel had contended before the Court that he is innocent and falsely implicated in the case. It was submitted that Punia had been carrying out his duties along with other journalists at the protest site. It was also pointed out that another journalist arrested by the police along with Punia was released later. On the other hand Punia was not released because he was not carrying press ID, being a freelance journalist .

.[Farmers Protests] Not carrying journalist card no ground for arrest: Journalist Mandeep Puniya in his bail plea before Delhi court. The State, on the other hand, contended that Punia stood accused of grave offences including the creation of nuisance and instigating the protestors, while opposing the grant of bail. Concern was raised that he may indulge in instigating the protestors and hamper the investigation if bail is granted.

. While examining the matter, the Court found it relevant to note that the scuffle which eventually led to Punia's arrest was stated to have taken place at 6.30 pm on Saturday. However, the FIR against him was only registered at 1.21 am the next day.

. The complainant, the victims and the witnesses in the case were all police officials, the Judge further noted. As such, the Court concluded that there was no possibility of Punia influencing the course of the case if he were enlarged on bail.

. Therefore, the Court has now directed the release of Punia on bail, subject to furnishing bail bond in a sum of Rs.25,000/- along with one sound surety in the like amount, among other bail conditions.

. Advocate Sarim Naved appeared for Mandeep Punia. APP Banduraj Baghrawat appeared for the State.

. Punia was arrested on January 30 from Singhu border. He was charged for offences under Sections 186 (obstructing any public servant while discharging public functions), 353 (assault or criminal force to deter public servant from discharge of his duty) and Section 332 (voluntarily causing hurt to deter public servant from his duty) of the Indian Penal Code.

. Earlier, Metropolitan Magistrate Akhil Malik had sent Punia to judicial custody on Sunday as the investigating officer in the matter was not present before the court. The matter was posted for hearing on Monday, on which day orders were reserved in the matter.

. Read the order:

BREAKING: Delhi Court grants bail to Freelance Journalist Mandeep Punia, reiterates "bail is a rule and jail is an exception" [READ ORDER]

Meera Emmanuel

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