Preet singh order

IN THE COURT OF SH. ANIL ANTIL, ASJ-04, PHC, NDD, NEW
DELHI
Bail Application No. FIR No. 152/2021
PS: Connaught Place
u/s 188/269/270/153A/120B/34 IPC
& Section  3 Epidemic Diseases Act & 51(b) DM Act.
State Vs. Preet Singh
27.08.2021
Matter taken up physically.
File taken up today on an application as filed u/s 439 Cr.P.C on behalf of
applicant/accused Preet Singh for seeking regular bail, which is fixed for
today.
Present : Sh. S.K. Kain, Additional PP for the State alongwith IO
     SI Ramkesh Meena (through V/C).
   Sh. Azad Singh, learned counsel for the applicant/accused Preet
Singh.
  Reply to the anticipatory bail application alongwith video clippings
and transcript copy have already been supplied to the learned counsel for
the applicant/accused by the IO and pleadings are complete.
1. By this order, I shall dispose of an application filed on behalf of the
applicant/accused Preet Singh for grant of regular bail.
2.   It was argued by learned counsel for the applicant/accused

that this is the first bail application moved on behalf of the
applicant/accused Preet Singh and no such application has been filed on
his behalf before the any court of law having equivalent or superior
jurisdiction to entertain the same, after dismissal of his application u/s 437
Cr.P.C by the court of concerned learned MM vide order dated
12.08.2021. It was submitted that the said application was disposed off
without application of mind and appreciation of material facts available on
record.
3. Learned counsel for the applicant/accused further argued that
applicant has full faith in the Constitution of India and being a
responsible citizen of this country, he knows the consequences to act
against the law of land .
4. It is stated that he has deep roots in the society has clean
antecedents, has not been convicted, belongs to a respectable family and
there is no chance of his absconding or fleeing from justice or influencing
or threatening the witnesses of the prosecution. It was also submitted that
he himself appeared before the IO on the intervening night of 09/10
08.2021 on the call of Mr. Ashwani Upadhyay, Coorganizer of the event,
(who is on regular bail in this case) and since then applicant is in J.C in
this case.
5. Learned counsel for the applicant/accused argued that applicant/
accused Preet Singh has been falsely implicated in the present case in
connivance of his opposition leaders despite the fact that he was not
named in the FIR ; that there was no complaint in verbal and writing or
PCR call against the applicant or any other person qua the offences as

alleged in the FIR ; and the present case is simplicitor to put undue
pressure upon him  with the intention to harm his reputation, prestige and
status in the eyes of Indian people ; that the applicant and his other
workers have been maliciously booked in the present FIR by cooking false
story and introducing a Police Constable as Complainant, who seems to
be an interested person.
6.    Learned counsel for the applicant/accused further argued that on
08.08.2021 an event was supposed to be organized at Jantar Mantar to
celebrate Bharat Choddo Movement / August Kranti initiated by Mr.
Mahatma Gandhi ji and the purpose of the event was to put forth the
demand of some law(s) before the Govt of India with all good and bonafide
intentions in the peaceful manner and for the national interest ; people
were supposed to gather there to raise their voice in single volume ; that
as no such permission was granted by the competent authority to
celebrate the same, he went there only to inform the supports not to
gather there as no permission has been granted and the event has been
cancelled ; and it was not the intention of the applicant to cause harm to
any person, public, any property concerning individual and government
and to spread any kind of hatred or enmity between the community and
public.
7. It is argued by the learned counsel for the applicant  that he had not
given any hatred speech and also from the perusal of the FIR and the
interview, it is evident that applicant has not uttered any words against any
religions or any other section of the society.
8.      Learned counsel for the applicant/accused submitted that

according to FIR, all the offences alleged against the applicant/accused
are bailable in nature except offence punishable under Section 153A IPC
and the essential ingredients to make out a case under section 153A IPC
against the applicant are missing and till date there is not an iota of
evidence to establish that there was intention of the applicant to harm
enmity between two groups of people of society by delivering speech and
interview to a reporter.
9.    The authenticity of the alleged incriminating video and transcript is
challenged by the learned counsel for the applicant/accused submitting
that its veracity can only be tested during the course of trial, which is too
far at this stage due to special circumstances and situation of Covid 19.
10.   It was further argued that applicant is in judicial custody since
09.08.2021, investigation qua him is complete ; nothing has to be
recovered from his possession or at his instance as most of the evidence
on which prosecution is relying is in public domain, nor any police remand
of applicant was taken when the applicant had surrendered. And, thus  no
useful purpose would be served by keeping him behind the bars for
unlimited period when it is clear that nothing incriminating has surfaced
against the applicant ; and ready and wiling to abide by any condition(s) if
released on bail and/or undertakes to join the investigation as and when
required or directed to do so by the IO/SHO/arresting officer or any other
office related to the investigation of the present case.
11. To support his contentions and to highlight the meaning and
consequences of offence under section 153A IPC, learned counsel for the
applicant/accused has relied upon the following judgments ;

i) Patricia Mukhim Vs. State of Meghalaya & Ors 2021 SCC
online SC 258 ;
ii)   Arnesh Kumar Vs. State of Bihar & Anr. 2014(8) SCC 273
12.    Highlighting the law laid down in the above said judgments by the
Hon’ble Supreme Court of India, it was canvassed that inalienable right in
the form of freedom of speech of the applicant can not be curtailed by the
illegal, unreasonable and arbitrary acts of the executive. The
applicant/accused indefeasible right of speech of freedom, and they had
gathered at Jantar Mantar to canvass and propagate their religion ; and it
was not deliberate and intentional act on the part of the applicant to incite
any hatred or violence towards other religion or community.
13. Per contra the bail application is strongly opposed by the learned
Addl. PP for the State. It was argued that investigation is at initial stage
and from the investigations conducted till date, it appears that there are
sufficient material to establish charges for the commission of offence
under Section 153A IPC against the applicant, and after viewing the video
clippings and listening interview of applicant telecasted by news channel
Khabar India on youtube channel, it appears that hatred slogans were
passed against the particular religion by the applicant/accused alongwith
other coaccused persons.
14.   It was further argued by learned Addl. PP for the State that
applicant/accused Preet Singh is president of Save India Foundation and
the coorganizer of he event where the inflammatory slogans were
shouted and hatred seech were delivered by the accused persons ; that
he had  given a call to assemble  at Jantar Mantar on the alleged day of

incident with ulterior motive, despite the refusal of the permission by the
competent authority  ; he reached there along with his supports of Save
India Foundation and joined the procession, as planned earlier, without
going into the depth of the repercussions of joining his procession.
15.    It is urged by the learned Addl. PP that pursuant thereto the
people belonging to various outfits started gathering in huge number and
thereafter seeing this opportunity and strength of Hindu masses accused
Preet Singh with his associates conspired to use the platform to crate
communal disharmony and to give communal colours to their plants ; they
persuaded the youth to propagate against a particular community, despite
the sanction to gather refused by the competent authority.
16.         Learned Addl. PP further urged that recovery of the mobile phone
and other devices used in the commission of the case crime are yet to be
effected from the possession of the applicant/accused and coaccused
persons are still absconding and there is apprehension that
applicant/accused may hamper the investigation and tamper the evidence
of prosecution witnesses by threatening them.
17.    Learned Addl. PP for the State further submitted that investigation
of the case is at nascent stage, his further custodial interrogation is
required to identify the other associates and to unearth the entire
conspiracy ; and if the applicant/accused is granted regular bail, he may
create unruly situation in the area which will be prejudicial to public peace
and tranquility, may also create further serious law and order situation,
and also it may lead to substantial injustice and hamper the investigation
of the prosecution case.

18.         Heard and record perused.
19.   That prima facie on the basis of the  material placed on record and
the submissions put forth by the prosecution, it is observed that there has
been active participation by the applicant in his individual capacity and
also as the main organizer of the event itself which was conducted at
Jantar Mantar in spite of the denial of permission  by the Delhi Police and
total disregard to Covid19 protocol issued by the Govt. of India.
20. As it is observed from the audio visual material that the key
attendees and others who were present both on and of the stage were
there as invites of the applicant and other  associated groups.
21.   It is pertinent to state that right to assemble and freedom to air
once thoughts are cherished under the Constitution of India, however,
there are not absolute, there are to be exercised with inherent reasonable
restrictions.  It is  apposite to mention that the applicant not only voluntarily
organized the event but also actively participated and provided support to
the views and contents of inflammatory speeches, which were being
made by the participants / accused persons at that time, by acknowledging
and endorsing via gestures and clappings intermittently. Given the stature
of the applicant, it was expected that he ought to have exercised his
authority, in these circumstances, and prevented participants from the
erring such inflammatory opinions in the larger interest of the public /
committee welfare.  On the other hand, applicant is clearly seen actively
participating in the  incendiary speeches  alongwith his other associates.
22.          In addition, on prima facie analysis of the inflammatory and
incendiary content of the speeches or interviews of the participants

members of the event, comments especially those pertaining in express
pejorative references to a religious community, and keeping in view that
the applicant was an active organizer of the event, he can not later
absolve himself of the responsibility of the content or consequences
arising therefrom. The complicity of the applicant in the alleged offences
are prima facie evident from the material placed before the court ; and the
contentions of the applicant to say that essential ingredients of offence u/s
153A IPC are not made out qua the present applicant is totally
unconvincing.
23. As rightly highlighted by the learned Addl. PP during arguments that
the similar contentions and the authorities relied upon by the applicant
were considered and rejected by this court at the time of disposing of the
bail application of coaccused Bhupinder Tomar @ Pinki Chaudhary,
such arguments perse are dehors the judicial principles settled therein, in
said authorities.
24.      Further, the circumstances and material placed on record
have to be analyzed in totality and holistically, taking note of the  nature of
accusations and severity of the offences alleged, and given that the
investigation is still at nascent stage ; number of accused persons are
absconding and evading the process of law ; the entire incriminating
material is yet to be recovered, in backdrop of the fact that the applicant
was an active main organizer of the event, a influential personality and
there is possibility of him interfering in the investigation and/or influencing
the witnesses of the case. Thus, in my view, it is a premature stage to
enlarge the applicant/accused Preet Singh on bail at this conjuncture.

25.       Accordingly, bail application of applicant/accused Preet Singh u/s
439 Cr.P.C stands disposed off as DISMISSED.
26. Needless to say any observations made herein above while
disposing of the pre arrest bail application of accused shall not tantamount
to expression on the merits of the case.
27.   Ordered Accordingly.
28.    Copy of order be sent to all the concerned parties/ or their
respective learned counsels and IO through electronic mode.
29.      In addition copy of order be given dasti, as per rules .
The order be also uploaded on the official website of the
court.
30. Proceedings were conducted through video conference and there
was complaint of any technical glitches nor there was any grievance
regarding the audio and video transmission.
( Anil Antil )
Addl. Sessions Judge-04,
New Delhi District, Patiala House Courts
New Delhi/27.08.2021

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