HC grants bail to Pinjara Tod member Devangana Kalita accused in Delhi riots case [Read Order]

The Delhi HC in, DEVANGANA KALITA v. STATE OF NCT DELHI, granted bail to the accused Devangana Kalita with respect to the violence that took place in North-East Delhi in relation to CAA and NRC earlier this year. The Court observed that the accused passed the triple test upheld in the judgment in P Chidambaram vs. Director of Enforcement.

Facts

Bail was sought by the accused Devangana Kalita who was booked under various sections of IPC, Arms Act, and  Prevention of Destruction of Public Property Act in relation to North-East Delhi riots that took place earlier this year.

Respondent’s Contention against bail

The Respondents contended were of the view that the role of the petitioner has emerged as that of the main conspirator who with an intention to flare communal passion and instigated a section of people to indulge in rioting, and even did the Preparatory work like mobilization of the crowd. It was said that she was also present at the site in Jafrabad. The video clips presented showed that she instigated the mob into committing a crime. It was submitted that facts show the likelihood of the offense being repeated if the petitioner is released on bail and may also influence the prosecution witnesses.

Petitioner’s Contention

The Counsel contended that no purpose would be served in keeping the accused in custody as no material has been placed on record by the investigating agency that would indicate any attempt by the petitioner to either flee from justice or tamper with evidence or influence witnesses. Further,  there is no material that links the petitioner to the incident being investigated. It was further stated, “The petitioner is already being investigated for the alleged larger conspiracy behind the Delhi Riots in FIR 59/2020 dated 06.03.2020 PS Crime Branch Special Unit, and it is settled law that multiple FIRs in relation to the same incident cannot be registered and the entire incident appears to be the product of a one-sided investigation, in which the investigating agency has demonstrably made false submissions in writing at the time of opposing bail to the petitioner”.  Lastly, it was stated that the accused had an impeccable academic record and that she has also been a part of other peaceful protests.

Court’s Observation

The court firstly stated that the petitioner had satisfied the triple test upheld in the judgment of the Hon’ble Supreme Court in P Chidambaram vs. Director of Enforcement. Her previous record during the investigation was also decent. The second test was also passed as she can’t tamper the evidence as they are available with Investigating Agency. The third test related to witness tampering the court said that the petitioner was not in a position to influence witnesses in the FIR. Furthermore, there were lacking evidence to show that the alleged offense has taken place on the act done by the petitioner. Keeping the facts and the arguments in mind, the court decided to grant bail to Devangana Kalita.

Read Order @Latestlaws.com