‘Bail is a rule and jail is an exception’, Delhi court remarks while granting bail to Mandeep Punia

Freelance journalist Mandeep Punia, who was detained on 30th January from the Singhu border by the Delhi Police while covering the farmers’ protests, was granted bail by Chief Metropolitan Magistrate, North District, Rohini Courts (Delhi) on Tuesday.

Punia, a contributor for the Caravan magazine, was detained on 30th January from the Singhu border at the site of farmers protests. Another journalist, Dharmender Singh of Online News India, was also picked up by the police along with Punia; however, Singh was later on allowed to go after he showed his identity card.

Noting that there was no possibility that the accused/ applicant would be able to influence police officials and no recovery is to be effected from him, Chief Metropolitan Magistrate, Satvir Singh Lamba granted him bail on furnishing bail bond in a sum of Rs. 25,000 along with one sound surety in the like amount, Live Law reported.

Punia was arrested by police on Sunday in an FIR registered under various sections including 186 (Obstructing public servant in discharge of public functions), 353 (Assault or criminal force to deter public servant from discharge of his duty) and 332 (Voluntarily causing hurt to deter public servant from his duty) of IPC.

The Court noted that it is well settled legal principle of law that "bail is a rule and jail is an exception" and since the complainant, victims and witnesses are police personnel only, hence, there is no possibility that accused/applicant would be able to influence them.

Here are extracts of the operative portion of the court order:

• The alleged scuffle happened around 6.30 PM (on Saturday). However, the FIR was registered at around 1.21 AM on the next day.
• The complainant, victims and witnesses are police personnel only. Hence, there is no possibility that accused/applicant can able to influence any of the police officials.
• The accused is a freelancer journalist. More so, no recovery is to be effected from the accused person and 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".

The following averments were made in Punia’s bail plea:

• No information was given to family members until late last night regarding his detention or possible arrest.
• The offences under Sections 186, 332, 353 r/w Section 34 of the Indian Penal Code are not made out against him.
• The offences against him would be covered within the Judgment of the Apex Court in Arnesh Kumar vs State Of Bihar & Anr (2014) 8 SCC 273 being punishable by less than 7 years imprisonment.
• FIR registered at around 01:21 AM (on 31st January), despite him being allegedly part of a scuffle at around 06:40 PM the previous evening i.e., on 30th January. In such a simple case where the accused is allegedly apprehended on the spot and where the complainant and alleged victim are police officers, this approximate seven-hour delay has to be considered significant.
• Punia was merely carrying out his journalistic duties and another journalist was detained along with him but was released around midnight.
• Accused is a freelance journalist and that is why he was not carrying a press cared, but this could be no ground to arrest him.