Jawaharlal Nehru University (JNU) student union president Kanhaya Kumar and two others were granted bail by a sessions court here on Friday.
Kumar, along with Anirban Bhattacharya and Umar Khalid, are currently out on six-month interim bail since March in a sedition case relating to anti-national slogans raised at an event on the university premises in February early this year.
The order passed by an additional sessions judge at the Patiala House court stated, "In view of the fact that these three accused persons are on interim bail and have joined the investigation as and when called, I admit all these accused persons to regular bail on the same terms and conditions on which they were granted interim bail."
In her 23-page order passed on March 2, Justice Pratibha Rani while granting the interim bail to the student leaders advised them against participating "actively in any event that may be termed as anti-national."
The Delhi High Court had ordered that one who can "ensure" that Kumar's "thoughts and energy are channelised" in a constructive manner – be it a faculty member or a person related to Kumar – should stand as surety. The surety is also required to submit an undertaking to the Metropolitan Magistrate along the same lines as Kumar's undertaking.
The trio had filed for regular bail after the HC dismissed Kumar's plea on August 17, and asking him to approach a lower court for the same. "The present application is dismissed with liberty to the petitioner to move the sessions court," Justice P S Teji had said in his order.
In his plea for regular bail, Kumar has claimed that he has not violated any conditions imposed on him by the Delhi High Court (HC) and would continue to follow them. He further stated that he has not interfered with the probe, and fully cooperated with Delhi Police in the ongoing investigation. He stated in his plea that he has appeared before the state police for investigations when asked.
In his application, Kumar further said that he has voluntarily provided the password to his mobile phone when asked by the Delhi Police as part of their investigation.
Tarannum Cheema, counsel for the accused stated that Kumar did not raise any slogan which would fall under the ambit of Section 124A of IPC (sedition), his bail application says that JNU premises have "remained calm" and "not a single incident of violence" or "any sort of disturbance" was reported from within the premises or outside. The bail application further elaborates that Kumar is a "victim of a politically motivated conspiracy," where "certain vested elements have sought to fabricate evidence against him."
The Delhi police here on Friday did not oppose the bail application. Special Public Prosecutor (SPP) Rajiv Mohan submitted that the students had not flouted any of the conditions imposed on them in the interim bail and were "cooperating" in the investigation with the Delhi Police. Mohan further submitted that certain conditions must be imposed on the students as investigations were still underway.
The hearing for the defense and the prosecution took place at different times during the day amid high drama. Though Kumar and the other students did not appear in court, tight security was in place inside and outside the court to prevent any untoward incident.
Kumar, Bhattacharya and Khalid were arrested on charges of sedition in connection with an event held on JNU campus where allegedly anti-national slogans were raised.
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