CAA Protests : Delhi Court Grants Bail To Two Accused As Video Evidence Shows No Involvement In Violence [Read Order]

A Delhi Court on Tuesday allowed the bail applications of two persons - Sajid Ali and Daniyal- who were arrested for alleged violence during CAA protests in Seelampur.

Additional Sessions Judge Gurdeep Singh of Karkardooma noted that the video evidence produced by the prosecution did not show involvement of the accused in violence.

On December 18, Karkardooma Magistrate had remanded them to 14 days custody.

According to police, the anti-CAA protests at Seelampur had turned violent, and the protesters had attacked police officers and destroyed public property.

Sajid Ali and Daniyal were arrested on spot and FIR was registered against them for offences of attempt to murder, rioting, unlawful assembly etc under the Indian Penal Code and provisions of Prevention of Damage to Public Property Act.

Praying for bail, the counsel for the accused submitted that they were peaceful protesters, who were falsely implicated in the case. The offence under Section 307 IPC was not attracted as the injuries sustained by police were simple in nature; also, there was no evidence showing the accused taking part in violence, argued the counsel.

As regards the offence of attempt to murder under Section 307 IPC, the Sessions Judge observed that the injuries sustained by the police were simple in nature. The offence of mischief by fire under Section 435 was punishable with less than 7 years imprisonment, noted the Judge.

Also, the video footages did not show the accused persons pelting stones at police or destroying properties, as alleged by the prosecution. There was also no eye witness who has seen them being part of a violent mob, the Court noted.

The Court held that the accused were entitled to bail in the totality of the circumstances of the case, keeping in view of their period of custody and their role.

In another case, the Court granted interim bail on medical grounds to two persons who were remanded to custody over alleged violence in anti-CAA protests.

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