Protest against CEC Gyanesh Kumar: Delhi court grants bail to 17 students, journalists

A Delhi court on Monday night granted bail to 17 students and freelance journalists arrested by the Delhi Police during the protest against Chief Election Commissioner (CEC) Gyanesh Kumar.

In four separate orders passed between 9 PM and 9:25 PM, Judicial Magistrate First Class (JMFC) Animesh Kumar of Patiala House Courts granted bail to the 17 accused who were produced before the Court. 

Delhi Police had asked the Court to send them to judicial remand for two weeks.

The Court said that the allegations against them are serious, and one police official has sustained injuries. It underscored that while any person has the right to protest peacefully, “assaulting police officials on duty is a serious concern which cannot be permitted under the garb of peaceful protest”.

However, Judge Kumar added that all the offences involved in the present case except the offence punishable under Section 132 (assault or criminal force used to deter a public servant from discharging their official duty) of the Bharatiya Nyay Sanhita (BNS) are bailable in nature. 

The Court also noted that the accused are young persons and not habitual offenders.

“Even the offence punishable u.s 132 BNS provides for maximum imprisonment of 2 years only. The accused persons are of young age and does not appear to be habitual offenders. They have their entire career lying ahead. Therefore, considering the facts and circumstances of the case, the accused persons are admitted to bail subject to furnishing of bail bond in the sum of Rs. 15,000/- with one surety of like amount,” the Court ordered in each case. 

Delhi Police had arrested Anshika Gupta, Karishma Mehta, Sanju, Kunjal, Rudra Pratap Singh, Rohit, Aadarsh, Sunny Deol, Brajesh Pandey, Adnan Barmare, Anuj Bhagat, Buddhashil Thaware, Gajender Singh, Dharmender, Samarth Singh, Sheikh Yunus and Aman Aggarwal on October 5. 

They were booked under various provisions of the BNS and Section 3 (mischief causing damage to public property) of the Prevention of Damage to the Public Property Act. 

It was stated that the accused were part of an unlawful assembly that blocked a public space where a Section 163 BNSS prohibitory order was in force. While being detained, they allegedly manhandled and assaulted police officials, injuring one woman constable, and broke a bus's window and rear glass, damaging public property. 

They also allegedly refused to cooperate and withheld full details about their identity, parentage and age. 

Advocate Saimon Farooqui appeared for the accused and stated that all offences carry under seven years' imprisonment and so, arrests were unnecessary.

He said no individual role was specified and only 17 of about 50 protesters were arrested. The court was also informed that no CCTV footage was produced, the accused, mostly young students, were exercising their right to dissent and that custody would harm their careers. 

After considering the case, the Court granted them bail. 

It directed that they must not commit any offence while on bail, give correct addresses and keep their mobile phones active. They must attend every hearing in court and should not leave India without court permission, the judge added.