NEW DELHI: It is a well settled legal principle of law that bail is a rule and jail is an exception, said a Delhi court on Tuesday and granted bail to journalist Mandeep Punia, arrested on charges of assault and obstruction on policemen during the farmers’ protests at Singhu border.
Chief metropolitan magistrate Satvir Singh Lamba, in the bail order, highlighted that the alleged scuffle (between Punia and policemen) took place at around 6:30 pm.
“However, the present FIR was registered at around 1.21 am on the next day. Moreover, the complainant, victims and witnesses are police personnel only. Hence, there is no possibility that the accused/applicant can able to influence any of the police officials,” the judge said.
The court further stated that admittedly, Punia, is a freelance journalist and no recovery had to be made from him.
“Keeping the accused further in judicial custody would not serve any cogent purpose. It is well settled legal principle of law that ‘bail is a rule and jail is an exception’,” it added.
Punia through his advocates Sarim Naved and Akram Khan had sought bail on the ground that he was on carrying out his journalistic duties and not carrying a press ID was no ground for arrest.
They submitted that the offences alleged in the FIR weren’t made out against their client.
Punia’s bail plea argued, "Accused was merely carrying out his journalistic duties and another journalist was detained but released around midnight... Accused is a freelance journalist and not carrying a press card can be no ground for a case of arrest."
Bail was also sought on humanitarian grounds highlighting his 76-year-old mother, who needed his assistance.
The police through the prosecutor stated that Punia had pushed a policeman and on inquiry, he had concealed his identity and tried to mislead the police. The police alleged that Punia instigated the protestors with sloganeering and shouting.
The police, therefore, opposed the bail plea and stated that he may create any "active or passive" nuisance if released on bail.
While allowing bail on a bond of Rs 25,000 and one surety, the court directed Punia not to jump bail and attend court regularly. "Accused shall not indulge into similar offence or any other offence in the event of release on bail. He shall not tamper with the evidence in any manner and shall provide his mobile number to the investigating officer/station house officer… if required or necessary and shall ensure that the said number shall be kept active and switched on all the times,” the order stated.
Punia has been booked under Sections 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt) and 34 (common intention) of IPC.