Seelampur Anti-CAA protests: Delhi Court grants bail for two, interim bail on medical grounds for two others

An Additional Sessions Judge of Karkardooma Court on Tuesday granted bail to two arrested citing their involvement in the Seelampur protests against the Citizenship Amendment Act, 2019.

Judge Gurdeep Singh allowed the bail applications preferred by Sajid Ali and Daniyal after he found that there was nothing on record yet to show the involvement of the two accused in any violent mobs.

In the common bail order passed, the judge opines that the two applicants are entitled to bail given the totality of the facts and circumstances and keeping in view the period for which the two accused have been in custody.

The police had charged the two applicants with offences under Sections 146, 148, 149, 186, 353, 307, 427, 437, 120B, and 34 of the Indian Penal Code along with Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984.

It was submitted before the Court that the Seelampur protestors had turned violent, throwing bricks, stones and petrol filled bottles at the police. It was submitted that the police used tear gas after the protests became more volatile, while also admitting that some protesters sustained injury in consequence.

The police claimed to have arrested Daniyal from an area where they found a burnt public toilet and a damaged car. The other accused, Sajid Ali was submitted to have been apprehended based on secret information. It was further submitted that objectionable material was found on Ali’s phone, showing public persons marching and shouting slogans. The police submitted that the accused had shot the video on selfie mode.

The Court, however, found that even in the videos cited, Ali is not seen to be part of any violent mob or involved in any stone pelting or arson. Further, there were also no eye witnesses to attest to the same either, the judge noted. Similarly, no such evidence was available against Daniyal either. Therefore, the judge allowed the bail applications, stating,

“…both applicants/accused namely Sajid Ali and Daniyal be admitted to bail on furnishing personal bond in the sum of Rs 35000/- each along with one surety each in the like amount…”

The two applicants were released on bail provided they comply with bail conditions including a mandate to cooperate with necessary police interrogation, that they not influence any witness or indulge in any offences.

The Court also added,

“Nothing mentioned herein above shall tantamount to an expression on merit of case.”

On the same day, Additional District Judge Brijesh Kumar Garg granted three weeks interim bail to two other persons arrested for their alleged involvement in the Seelampur protests i.e. Yusuf and Moinuddin.

In Yusuf’s case, the Court was informed that he was already undergoing treatment at a private facility. After he was lodged in jail, he was seen by a senior resident doctor from the psychiatry and medicine department as well. In Moinuddin’s case, the Court was informed that he had serious hand injuries, for which orthopaedic treatment was required.

In both cases, it was submitted for the accused that the jail authorities were unable to provide the proper medical care required.

In response, the Additional Public Prosecutor also told the Court that the State had no objection to the accused getting three weeks interim bail in view of the medical conditions.

In view of this, the judge directed that the two accused get themselves medically examined following their release on interim bail for three weeks. By two orders, both the accused have been ordered to be released on the furnishing of a personal bond of Rs 20,000 and with one surety of like amount. Medical reports from the respected hospitals where the accused are to be examined have also been sought.

The judge added that the accused should refrain from participating in any similar protests during the period of bail. As stated in both orders,

“It is further directed that the accused shall not misuse the liberty granted to him by the court and shall not indulge in any similar protests. It is further directed that the accused shall not leave Delhi without the prior permission of the In Charge, SIT Crime Branch. The accused shall also mark his attendant at PS Seelampur on every Monday at 2PM.”

Both bail pleas have been posted for final disposal on January 21.

[Read the orders]