A court in Delhi has granted bail to six individuals who were accused of participating in an unlawful protest at the iconic India Gate last year. The case, registered by the Delhi Police, stemmed from demonstrations against the central government's Agnipath scheme for military recruitment.
The Court's Decision and Bail Conditions
Additional Sessions Judge Anuj Agrawal of Patiala House Courts approved the bail applications of the six accused. The judge imposed specific conditions for their release. Each individual was directed to furnish a personal bond of Rs 15,000 along with one surety of the same amount. Furthermore, the court instructed the accused not to leave the country without prior permission and to cooperate fully with the ongoing investigation.
The court's order emphasized that the trial in the case is likely to take considerable time to conclude. It noted that the accused had been in judicial custody since their arrest, and prolonged detention without a conviction would be unjust. The judge also considered that the investigation against them was largely complete.
Details of the Alleged Offence and Police Action
The case dates back to June 2022, when widespread protests erupted across India against the newly launched Agnipath scheme. The Delhi Police registered an FIR under sections 143 (unlawful assembly), 186 (obstructing public servant), 188 (disobedience to order), 283 (danger or obstruction in public way), 290 (public nuisance), and 34 (common intention) of the Indian Penal Code.
The police alleged that a group of protestors had gathered unlawfully at India Gate, a national monument, causing disruption and public nuisance. The six individuals who were granted bail were among those identified and arrested in connection with this specific incident. The prosecution argued that their actions disrupted public order and peace in the high-security central Delhi area.
Legal Arguments and the Path Forward
During the bail hearings, the defence counsel for the accused argued that their clients had been falsely implicated. They contended that the charges were bailable in nature and that there was no concrete evidence linking the individuals to any violent acts. The lawyers also highlighted that the accused had no prior criminal records and were not flight risks.
The public prosecutor, opposing the bail pleas, stressed the seriousness of the offence and its impact on law and order in the capital. However, the court ultimately found merit in the defence's arguments for granting bail, given the circumstances and the stage of the investigation.
With the bail now granted, the six accused will be released from custody upon fulfilling the bond conditions. The legal process, however, is far from over, as the trial on the substantive charges will proceed in the sessions court. The next steps will involve framing of charges and recording of evidence from both the prosecution and the defence sides.
This ruling is seen as a significant development in a case that captured national attention during the peak of the Agnipath scheme protests. It underscores the judicial principle of 'bail, not jail' for offences where the accused are not deemed a threat to society and the investigation is complete.
