A Delhi court has granted bail to six individuals arrested last month during a demonstration at India Gate, noting that the prosecution has not established their membership in any banned organization and that their further custody is not required for investigation.
Court Questions Prosecution's Claims
On Friday, December 27, 2025, Additional Sessions Judge Amit Bansal granted bail to the six accused. In his order, Judge Bansal highlighted a crucial admission by the prosecution. It is an admitted position that it has not been mentioned... that any of the applicants is a member of banned RSU (Radical Students Union), the court observed.
The judge further pointed out that the prosecution, in its reply to the bail applications, did not claim that the groups the protesters were associated with—Bhagat Singh Chhatra Ekta Manch (BSCEM) or the environmental research outfit Himkhand—were banned organizations. The applicants have already suffered a custody of about one month each and it seems... they are not required for any further investigation, the order stated.
Bail for Majority of Arrested Protesters
With this ruling, 22 of the 23 people arrested in connection with the November protest are now out on bail. The demonstration was organized as a protest against air pollution, but police alleged that slogans were raised in favour of Naxalites and that personnel were attacked and injured.
Earlier, a Magistrate court at Patiala House had granted bail to 16 other accused in the case. The bail pleas of these six were initially rejected, leading them to approach the Sessions court. The only protester remaining in custody is linked to a separate FIR concerning alleged Naxal links and recovery of pepper spray.
Contrasting Judicial Views and Police Cases
The path to bail saw contrasting judicial opinions. While granting bail, Judge Bansal's order focused on the lack of evidence linking the accused to banned outfits. However, earlier, Judicial Magistrate First Class Aridaman Singh Cheema, while rejecting bail, had cited a pending investigation into whether members of the banned Radical Students Union had conspired to transform the protest of pollution into support of a Naxal commander.
The police had registered two First Information Reports (FIRs). One at Parliament Street police station related to an alleged scuffle between protesters and police; all 17 accused in that case have been granted bail. A second FIR at Kartavya Path police station involved charges related to the alleged recovery of pepper sprays and probing Naxal links of protesters. Most of those arrested were reported to be Delhi University students associated with BSCEM and Himkhand.
The court's decision underscores the legal principle of bail when prolonged custody is unnecessary for investigation, especially when specific allegations of links to banned groups are not substantiated by the prosecution in its official reply.
