A Delhi Court on Tuesday granted bail to Devangana Kalita, an activist of 'Pinjra Tod', in an FIR registered by Daryaganj police over anti-CAA protests held in December 2019.
While granting bail, Duty MM Abhinav Pandey of Tihar Court Complex noted that the accused is not a habitual offender or a previous convict and all the other criminal proceedings pending against her relate to the similar incidents.
The FIR had mentioned offences under sections 147,148,149,153A, 436, 437, 323, 325, 332, 362, 186, and 120B of the Indian Penal Code.
While going through the records, the court observed that the CCTV footage also does not specifically show the accused to be involved in any violent activity.
After perusing the medical report of the accused the court went on to highlight that:
'Disclosure statement made before the police and the injuries on the accused reflected in the MLC which got conducted by the accused on her own accord, is not sufficient to make strong prima facie case so as to deny bail to the accused.'
The court also observed that the question as to whether the accused instigated mob violence or merely participated in a peaceful protest that later turned violent, will only be decided after appreciating the evidence at trial stage.
Despite the bail, Kalita will not be able to secure release as she is under custody in relation to a case registered by Delhi Police crime branch alleging conspiracy behind Delhi riots.
'Pinjra Tod' activists Devangana Kalita (30) and Natasha Narwal (32) were arrested by Delhi Police on May 23 in relation to an FIR registered by Jafrabad police over the sit-in protests staged against CAA/NRC in February.
Though the Magistrate granted them bail in the Jafrabad case observing that they were merely protesting without any violence, the Crime Branch immediately sought their arrest in relation to Delhi riots. Upon that, the Magistrate remanded them to 2-days custody of Crime Branch, which is being subsequently extended from time to time.
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