Pinjra Tod member gets bail

HC says police failed to show she gave hate speech

The Delhi HC on Tuesday granted bail to Pinjra Tod member Devangana Kalita in a northeast Delhi violence case, saying the police failed to show she instigated women of a particular community or gave hate speech as she was seen in a peaceful agitation which is her fundamental right.

The agitation, held against the citizenship law CAA, had been going on for long with print and electronic media present throughout, in addition to the cameras of the police dept, but there is no evidence which establishes the alleged offence took place on Kalita’s action, the HC said.

The evidence produced constituted statements recorded much belatedly, under section 164 CrPC, though the witnesses allegedly remain present at the spot throughout, it observed.

“Charge sheet has already been filed against the petitioner on June 2. Moreover, I have gone through the inner case diary produced in a sealed cover along with pen drive and found that though her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution, however, 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," Justice Suresh Kumar Kait said in the 21-page judgement.

The court granted bail to Kalita on furnishing of a personal bond of Rs 20,000 and a surety of the like amount. It also directed that she will not directly or indirectly influence any witness or tamper with the evidence and not leave the country without permission of the trial court.