Delhi HC grants bail to Pinjra Tod member Devangana Kalita in Delhi riots case

After considering the submissions made by the parties, chargesheet filed in the FIR and the case diary, the court said that the purpose of incarceration during trial was not punitive and was to be limited to cases where it is absolutely essential.

The court opined that Kalita satisfied the triple test for releasing a person on bail and remarked, “ prejudice would be caused to the Respondent’s investigation by grant of relief to the petitioner, and she would be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention. Moreover, persons similarly placed as the petitioner, as per documents placed on record by the investigating agency, have not been arrested by the investigating agency in the subject FIR, and as such, the continued custody of the petitioner in the subject FIR would serve no purpose.”

The court also perused the inner case diary which was supplied to it in a sealed cover and observed, “..though her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution of India, however, (Delhi Police) failed to produce any material that she in her speech instigated women of particular community or gave hatred speech due to which precious life of a young man has been sacrificed and property damaged…there is no such evidence which establishes that the alleged offence has taken place on the act done by the petitioner, except statements recorded under section 164 Cr.P.C. much belatedly, though, those witnesses were allegedly remain present at the spot throughout.”

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