A Delhi court has denied bail to a person accused for being part of an unlawful assembly during the Republic Day tractor rally. The Additional Sessions Judge (Tis Hazari court), Charu Aggarwal observed that the photograph of the applicant sitting on roof of his car with the national flag shows that he instigated an unruly mob, and thus denied him bail.
The accused/applicant Dharminder Singh Harman applied for regular bail under section 439 of CrPC. The counsel for the applicant submitted that no specific role has been assigned to him in the alleged crime. He further submitted that at best it has been alleged that the applicant broke barricades for which offence under section 186 IPC gets attracted, which is bailable. He further submitted that the applicant participated in the peaceful protest in the tractor rally. He also submitted photographs which show the applicant is only sitting on the top of his own car, holding a national flag in his hand, and taking photographs being a proud Indian. He argued that the applicant is in judicial custody for 15 days, all investigation pertaining to him is complete, and no purpose shall be served by keeping him behind bars.
The public prosecutor opposed the bail stating that the applicant had an active role in the crime, as he was one of the agitators and instigators of the unlawful assembly. He argued that there was a specific route prescribed by the Govt for the tractor rally. However, the protesters deviated from the designated route and barged into Red Fort where they attacked the police personnel and damaged public property. He further contended that various CCTV footage of the spot has been collected which are under scrutiny, and the role of other perpetrators of the crime still has to be dug out and there is possibility that if applicant is admitted on bail, he may try to influence investigation. He also submitted that applicant was an active member of an unruly mob which illegally and forcefully broke the barricades in Sanjay Gandhi Transport Nagar, then at Burari and finally at Red Fort and created nuisance and violence in the area of Red Fort.
The court, after hearing submissions of both parties observed that the “allegations against the applicant are serious in nature as he is shown to be an active member of the unruly mob who took law in their hands firstly by diverting from the prescribed route, thereafter, by breaking police barricades not only at one place but in three areas including the Red Fort area where they forcibly entered and attacked on the police personnel and damaged their vehicles and in the incident several police personnels got injured”.
The court also referred to the photograph of the applicant where he is seen sitting on the roof of his car with the national flag. The court deemed the photograph to demonstrate that the applicant had an active role to instigate unruly mob. The court stated that the investigation is at a nascent stage, and that if the applicant is let out, he may try to influence the process. The court therefore rejected his bail.
Notably, the same court granted bail to another accused of Republic Day violence while observing that mere presence and climbing on the wall by the accused cannot justify his further incarceration and investigation pertaining to him is complete. The prosecution had raised the similar objections for this case as well. Yet, the court found it fit to grant bail to a person climbing the wall of Red Fort but not to someone carrying a national flag while sitting on the roof of his car.
The complete order may be read here
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