Tis Hazari Courts, Delhi: Kamini Lau, PO (MACT) –01, granted bail to an accused Lakhbir Singh in Republic Day Violence, while noting that he had already joined the investigations and produced his mobile phone and disclosed that it was the same mobile phone which was being used by him on 26th January for recording videos and further uploading the same on his Facebook page.
An application under Section 438 CrPC was filed by the applicant/accused Lakhbir Singh of grant of anticipatory bail.
It was submitted that the applicant had been supporting the peaceful agitation of the Farmers for repeal of three farm laws, though he is not a party of any Kisan Union or Organization.
Further, it was pleaded that there was not even an iota of evidence that the applicant either himself indulged into any violence or incited anyone to commit any violence and the present application has been filed since there is a grave and serious apprehension that he might be falsely implicated in the present case and other cases also.
Analysis, Law and Decision
Bench stated that recently the Delhi High Court while dealing with the bail applications of Natasha Narwal, Devangana Kalita and Asif Iqbal who were arrested for unlawful activities in relation to East Delhi riots, observed that at a time when the society is polarized and fractured across various lines and ideology reached vanishing point, the Court will do all within their mandate to prevent the misuse of the law and alleviate the anxiety which had come to surround the said individuals.
Court observed that the allegations against the applicant were that he had addressed the mob from the stage of Sanyukt Kisan Morcha and instigated the mob not to follow the route permitted by the Delhi Police.
Bench asked the Investigating Officer if the presence of the accused outside the Red Fort was a very grave offence and was non-bailable. Investigating agency was not sure of the same. Hence, the Court opined, the said offences were bailable.
Further, the Court stated that the main conspirators as per the Delhi Police were Deep Sandhu and Iqbal Singh had already been granted bail.
“…an accused is deemed innocent till proved guilty.”
In view of the above, Bench held that the prima facie there was no material that the applicant/accused was present inside the Red Fort and if that be so, even no prima facie case was made out against him.
As per the report of the Investigating Officer, the applicant/accused was involved in 21 other cases in Punjab and out of that applicant was acquitted in 8 cases.
The IO was unable to respond to why the custodial interrogation of the applicant was further required in investigations.
Bench without making any observations directed that in the eventuality of arrest, the applicant Lakhbir Singh be admitted to bail on his furnishing a personal bond to the tune of Rs 50,000 subject to some conditions.
If the accused was found to be violating any of the conditions, the State shall be at liberty to move an application for cancellation of bail.[State v. Lakhbir Singh, Bail Application No. 2632 of 2021, decided on 29-07-2021]
Advocates before the Court:
Rajat Kalra, Ld. Addl. PP for the State (through Video Conferencing).
Jaspreet Rai, Vir Sandhu, Kapil Madan, Jasdeep Dhillon, Gurmukh Singh Arora, Advocates for the applicant accused (through Video Conferencing).