Further it had noted that the rationale given aforesaid also has no bearing, for example “he is not denying to commit crime again, his socio economic status not being appropriate, prisoners being criminal in nature because of the existence of a dispute”!
The Counsel for the applicant submitted the applicant has tendered his unconditional apology for forwarding this message and undertakes that he will not indulge in any such activity in future
It is also submitted that the applicant is a student and is having no criminal antecedents and as the charge sheet has already been submitted, no useful purpose shall be served by further detention of the applicant in the prison.
It said that there is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be considered on the facts and circumstances of each case and on its own merits.
On February 19, the court had directed the SP, Sonipat Jail, to get Kumar examined at GMCH while his father Rajbir told the court that Kumar had been subjected to police torture.
In November last year, the Special Cell of the Delhi Police had nabbed three persons Sabir, Asgar and Jahul and busted an alleged interstate gun-running racket.
It was further argued by the counsel for petitioner that the credibility of witness Roop Singh has been doubted by the Ld. ASJ mentioned above. Thus, the petitioner deserves bail.
Challenging the order of the Additional Session Judge 3, Amitabh Rawat states that all the citizens of the country under the Constitution of India have the right and freedom to protest including the right to oppose any legislation.