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Bombay HC Grants Pre-Arrest Bail For Nikita Jacob In “Toolkit” Case | India News


MUMBAI: Mumbai defender Nikita Jacob was granted days advance bail by Mumbai defender Nikita Jacob on Wednesday in connection with the alleged ‘Toolkit’ farmer protest case in which 22-year-old environmental activist Disha Ravi she was arrested in Bangalore last week. Relief is granted for 3 weeks on a bond of Rs 25,000.
Judge PD Naik, who on Tuesday heard his statement and reserved it for warrants, noted that the HC Aurangabad court granted bail relief prior to arrest to Shantanu Muluk, another activist against whom a Delhi court also issued an NBW.
Her lawyers Mihir Desai, Abhiskek Yende and Sanjukta Dey had said that Delhi’s non-bail arrest warrant (NBW) was issued on the “wrong pretext” that she was on the run.
Hiten Venegaonkar, special counsel for the Delhi cyber police, had said: “Despite looking for her and waiting for her for a whole day, she did not show up.
That’s why NBW was issued. ”
Venegaonkar had raised preliminary objections Tuesday to grant him relief.
On Tuesday, lead attorney Mihir Desai had submitted that the alleged toolkit only came to light after the January 26 protests, when it was tweeted by Swedish activist Greta Thunberg.
“Nikita Jacob does not appear in the FIR. ..The toolbox was prepared by many. He’s not talking about violence or taking over the Red Fort or anything, ”Desai had argued Tuesday while seeking relief.
Desai claimed that HC had powers to grant him the requested reparation.
The cyber police of Delhi, which filed an FIR for crimes of sedition, community discord and criminal conspiracy, had cited several judgments and orders from the high court and the high courts of Patna, Calcutta and Bombay HC also in the case of Sandeep Lahoria, to argue that the HC has no power to grant even to consider a pre-traffic arrest bond unless it has local power or jurisdiction over the case. In this case, since the FIR is registered in Delhi, Bombay HC would not have local jurisdiction to consider Jacob’s statement.
In a recent order, Bombay HC had referred to a larger court on the issue of bail prior to arrest in transit when the case is registered in another jurisdiction. The referral is still pending, but Desai said traffic protection was still granted in that case.
She had requested warrants to prevent the police from arresting her or taking other coercive measures and to give her the opportunity to request regular pre-arrest bail in the Delhi court.
The Aurangabad bench had considered various orders from Apex Court and HC.
It is not disputed that he is a resident of Mumbai and it is also mentioned that the Delhi police had recorded his statement, confiscated his laptop and documents. Obviously Jacob had made himself available, said the HC.
Desai had argued: “She is a keen environmentalist.” He said: “Several young people prepared the toolkit. Her claim is that she is one of them. What they allege is that one person is Khalistani. He belongs to an organization called Poetic Justice “, adding:” The name does not even suggest that it is pro-Khalistani. ” Desai also said: “It is not a banned organization
He had argued that the court was empowered to grant traffic relief even if a non-bail order is issued against him in a case where the alleged crime is serious.
Venegaonkar argued.
Desai had said that Delhi police visited and searched her home and seized a computer on February 11 and documents and recorded a detailed statement from her.
Venegaonkar had said that the police took into consideration that she was a woman and registered her statement at her home where she promised to be present the next day at 10 am but the next day she had run away.
Desai had argued that he is exercising his rights and had immediately requested a traffic redress against arrest or other enforcement action.
Jacob also wanted the HC to protect his professional career. If she is arrested, she would be ruined, her lawyers said.
Her “apprehension” was that “under the pretext of an investigation she could be arrested in a false and frivolous case.”
In her application she also said that she feared being arrested as well “due to political revenge and the judgment of the media.”
Jacob, has been practicing in Mumbai for six or seven years, his lawyer said. His plea is that he has a “blameless reputation.” She said she had “volunteered in an environmental movement called Extinction Rebellion,” “which helps raise awareness of various environmental crises … around the world and helps create positive change … through non-violent means.” .
Her request stated that “she learned through social media that some entity by the name of Legal Rights Observatory appears to have filed a false and baseless complaint with the Delhi police and seeks to blame the plaintiff for the January 26 violence. from 2021 as well. . ”

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