Thread by @barandbench

Delhi Court begins hearing bail plea filed on behalf of Deep Sidhu. Metropolitan Magistrate Sahil Gupta hearing the case. Advocate Abhishek Gupta appears for Sidhu

#DeepSidhu #TractorRally #RedFort #FarmersProtests

Gupta gives reasons why bail should be granted.

1. Both the FIRs contain identical offences.
2. Bail ought to be granted in second FIR as well.
3. Within a few hours of getting bail in first FIR, I was arrested for the second FIR in a malafide manner

#DeepSidhu #FarmersProtests

Sidhu has been in custody for more than 75 days. Both FIRs relate to same incident; registration of second FIR is an abuse of process: Gupta

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Damage caused to Red Fort was same as mentioned in first FIR (in which Sidhu was granted bail). The only addition is provisions under the Prevention of Insults to National Honour Act, 1971: Gupta

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Gupta takes Court through order granting Sidhu bail in first FIR

"None of these above acts can be attributed to the accused"

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Gupta cites finding of Additional Sessions Judge that "prosecution seeks to make an example out of the case, he being a popular figure..."

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He was merely present while some flag was being hoisted. Raising religious slogans cannot be a crime: Gupta

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Just because prosecution has not identified other members of unlawful assembly, Sidhu cannot be kept in custody: Gupta continues reading from bail order

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Arrest is an attempt to defeat the bail order. It is an abuse of process: Gupta

#DeepSidhu #TractorRally #RedFort #FarmersProtests

Why did they arrest me right after I got bail? It goes against the constitutional principles and rule of law: Gupta

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Existence of power of arrest is one thing. The justification for such arrest is another thing: Gupta cites judgments

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This is a fraud on the process. They are raising identical allegations that were previously dealt with by the ASJ. Arrest is ex facie, arbitrary, mala fide: Gupta

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Every day he remains in custody is an affront to Article 21: Gupta concludes his arguments

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Timing may be questionable, but there is no answer as to why they did not approach High Court for quashing second FIR: APP Rajiv Kamboj for State

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Tell me the difference between the two FIRs: Judge

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Both offences occurred at different points of time. Just because they occurred at the same place, it doesn't mean that we cannot lodge second FIR: Kamboj

#DeepSidhu #TractorRally #RedFort #FarmersProtests

If he is granted bail, he may tamper with evidence, and may help another accused who is absconding: Kamboj

#DeepSidhu #TractorRally #RedFort #FarmersProtests

If they knew the route that was made by Delhi Police, why did take the other one? Why did they come to Red Fort?

Judge: Are these arguments relevant for bail hearing?

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Why did he destroy his mobile phones and SIM cards? Why did he not hand them to the police? APP Kamboj

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Red Fort is an ancient monument. They defaced and destroyed. As per the videos, he (Sidhu) played an active role. Since case is a sensitive one, bail should not be granted: APP Kamboj

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What is your response on phones being destroyed? Judge to Gupta

This has already been considered by ASJ. All information has already been given to the police: Gupta

#DeepSidhu #TractorRally #RedFort #FarmersProtests

He was not there when barricades were broken, did not commit violence. Only question is that he was there when (Nishan Sahib) flag was being hoisted and was raising religious slogans. How can that be a crime? Gupta argues

#DeepSidhu #TractorRally #RedFort #FarmersProtests

Most accused have already been granted bail in first FIR. After they arrested me right after I got bail, did they arrest other accused as well? Why are they singling me out? Gupta

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Advocate Jaspreet Singh Rai on why Sidhu did not approach HC to quash second FIR: If I file a quashing petition, will I get bail?

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Sidhu himself is a law graduate and a popular actor. He has been in this agitation for the last six months. There has been no allegation against him prior to January 26. He has never incited crowds: Rai

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Sidhu was a lawyer in Mumbai from 2003-15, so he understands the law. Please give him a break: Gupta

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Sidhu: I have fully cooperated with the investigation. I have not destroyed any evidence. Everything that was there on the phone is in their possession

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Hearing ends. Court to pronounce order on Monday morning.

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