Read Time: 07 minutes

The Delhi High Court today granted  bail to  Preet Singh, accused for allegedly making defamatory and anti-Muslim sloganeering at Jantar Mantar, Delhi. The Court observed that as per the video footages and the call records of the petitioner, the petitioner left the spot at around 2.00 PM whereafter the main provocative words/ slogans were shouted by the co-accused at around 4.00 PM.

Singh has been accused under under Section 188/269/270/153-A IPC, 3 Epidemics Disease Act and 51(b) of Disaster Management Ac

The single judge bench of Justice Mukta Gupta had reserved order on September 15, after hearing the parties at length.

Adv. Vishnu Shankar Jain appearing for Singh had argued that the main accused Adv. Ashwini Kumar Upadhyay has already been granted bail and there was nothing in the status report of the prosecution which could prove that Singh had committed an offence under Section 153A IPC.

Adv. Tarang Srivastava appearing for prosecution however had argued that Upadhyay was granted bail since no video footage could be produced against him. However, accused Preet Singh along with other co accused can be seen chanting slogans against a particular community in a video footage.

Srivastava also relied on a transcript of an interview given by Preet Singh and co-accused Pinky Chaudhary to a news channel where they had allegedly made inflammatory speeches.

Jain reportedly argued that Singh had only asked for a 'Hindu Rashtra', and if that is an offence, his bail application may be rejected.

Srivastava urged the court not to grant bail to Singh at least till the investigation is ongoing, in the interest of the society.

The Court observed that large number of people gathered at the spot due to petitioner co-organizing the protest and therefore the petitioner would be liable for any offence committed in furtherance of the common object of the assembly. However, as per the video footages and the call records of the petitioner, the petitioner left the spot at around 2.00 PM whereafter the main provocative words/ slogans were shouted by the co-accused at around 4.00 PM.

The Court said that Preet Singh has been in custody since the midnight of August 9, 2021.However the petitioner is no more required for custodial interrogation.

Hence the Court directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹50,000/- with two surety bonds of the like amount subject to the satisfaction of the  Trial Court/ Duty Magistrate.

The Court further imposed a  condition that the petitioner shall not leave the country without the prior permission of the Court concerned and in case of change of residential address and/or mobile phone number, the same will be intimated to the Court concerned by way of an affidavit.

In August a Delhi Court had rejected pre-arrest bail application of Preet Singh. Additional Sessions Judge Anil Antil dismissing the anticipatory bail application of Singh observed that the material placed on record revealed that there has been active participation by Singh in his individualcapacity and also as the main organizer of the event at Jantar Mantar in spite of the denial of permission  by the Delhi Police and total disregard to Covid 19 protocol issued by the Govt. of India.

The Delhi High Court on August 27, issued notice in an anticipatory bail plea of Pinky Chaudhary, President of Hindu Raksha Dal, also an  accused in the communal sloganeering incident at Delhi's Jantar Mantar.

The single judge bench of Justice Mukta Gupta however refused to pass orders granting interim protection to Chaudhary.

Case Title: Preet Singh vs State of NCT of Delhi