Delhi HC grants Bail to Pinjra Tod member in Delhi Riots Case

Delhi HC grants Bail to Pinjra Tod member in Delhi Riots Case

A single judge bench comprising of Justice Suresh Kumar Kait, granted bail to Pinjra Tod activist Devangana Kalita in a case which was filed against her ( Devangana Kalita V. The State).

The bail is subject to Kalita furnishing a personal bond of Rs 25,000 with one surety of the like amount to the satisfaction of the trail court, if not required in any other case.

Kalita is accused in four FIRs related to the anti CAA protest and Delhi Riots.

Kalita was arrested in May 2020 and is currently in Tihar Jail.

Kalita argued that there is no evidence to show her involvement in the anti CAA protest, in response to which the Delhi Police showed a footage of her being a part of the ‘Conspiracy to lower the Country’s image’ when the USA President Donald Trump had visited India.

The Delhi High Court observed that Kalita satisfies the Triple Test for releasing a person in bail.

The Court said,

“no prejudice would be caused to the Respondent’s investigation by grant of relief to the petitioner , and she would not be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention”

“Though her presence is seen in peaceful agitation, which is a fundamental right under Article 19 of the Constitution, moreover the Delhi Police has failed to show any such evidence that establishes that the alleged offence has been done by the petitioner”

The learned Judge said,

“I find no substance in the arguments of the learned Additional Solicitor General and cases relied upon in facts and circumstances of the present case”

ASG SV Raju appeared for Delhi Police.

(By Andrea Dsilva)