[BREAKING] Further restraint upon his liberty not logical or legal: Delhi Court grants bail to Deep Sidhu in ASI Red Fort violence FIR

A Delhi Court today granted bail application by Deep Sidhu in Archaeological Survey of India (ASI)'s FIR registered over the damage caused to the Red Fort during the violence that took place on the January 26 tractor rally organised by protesting farmers..The order pronounced by Sahil Gupta, Reliever Metropolitan Magistrate, Tis Hazari Courts reads, "The accused has already been interrogated in PC for 14 days and has been in custody for about 70 days when he has been granted regular bail by Ld. ASJ on similar facts. Any further restraint upon his liberty would be neither logical nor legal. Hence, applicant/accused Sandeep Singh Sidhu @ Deep Sidhu is admitted to bail in case FIR No. 98/2021..".Sidhu was arrested in the ASI FIR on April 17, a day after he got bail in the FIR concerning the Red Fort violence. Sidhu was first arrested on February 9 ..The Court had subsequently rejected Delhi Police's plea seeking four-day custody of Deep Sidhu and remanded him to judicial custody. .Seeking bail in the FIR, counsel for Sidhu argued that both the FIRs contain identical offences, and since he was already on bail in the first FIR, he ought to be granted bail in the second FIR as well..Sidhu also imputed malafides on the Police on account of his arrest within hours of getting bail in the first FIR. The arrest was ex facie, arbitrary, mala fide, it was contended, .The Prosecution highlighted that Sidhu had not moved the High Court for quashing of the second FIR and thus it was the investigating agency's prerogative to investigate and arrest..It was further apprehended that if granted bail, Sidhu would tamper with evidence, and might help another accused who was absconding. .The Cour stated that a prima facie reading of the two FIRs showed that the allegations levelled against Sidhu were similar. .Opining that fresh investigation based on the second and successive FIRs are an abuse or process and impermissible, the Court observed,."The sweeping power of investigation does not warrant subjecting a citizen each time to fresh investigation by the police in respect of the same incident, giving rise to one or more cognizable offences, consequent upon filing of successive FIR’s whether before or after filing the final report. Fresh investigation based on the second and successive FIR’s, not being a counter case, filed in connection with the same or connected cognizable offence alleged to have been committed in the course of same transaction and in respect of which pursuant to the first FIR either investigation is underway or fine report under section 173(2) has been forwarded to the magistrate, is an abuse or process and impermissible.".The Court further remarked that the arrest of Sidhu in the ASI FIR clearly suggested that "it was an attempt to defeat the bail order" in the first FIR and was "a grave affront to personal liberty" and "runs foul of rights guaranteed under Article 21". ."Such vicious and sinister action of investigative authorities amounts to playing fraud with established criminal process and shows scant regard to constitutional protections enshrined, protected and cherished under the Constitution on India,", the Court added. .The Court ultimately opined that Sidhu's further incarceration would bear no fruit and therefore would be unjustified. .The restoration of Sidhu's liberty would also not be detrimental to the investigation being conducted by the police authorities, the Court said. .Bail is subject to personal bond in the sum of Rs 25,000 with one surety of like amount..The Court directed Sidhy to :- join investigation as and when called;- attend the Court as per conditions of bond to be executed; - not commit similar offence and;- not directly/indirectly induce, give the threat, or in any way dissuade the witnesses/persons acquainted with the facts of the case and also shall not tamper with the evidence..Sidhu was represented by Advocates Abhishek Gupta, Jaspreet SIngh Rai, Jasdeep Dhillon..Rajiv Khamboj appeared for Prosecution. .Read the Order:.[BREAKING] Delhi Court grants bail to Deep Sidhu in Red Fort violence case