Over 3 months after Bengaluru student and activist Amulya Leona was arrested and jailed on charges of sedition and creating communal disharmony, the 5th ACMM court granted her bail under the default provision CrPC 167(2) on 10 June.
She is expected to walk out of Parappana Agrahara jail after the release order is passed on Friday, 12 June.
On Wednesday, the same day that a sessions court rejected her bail application on the grounds that the accused “may abscond and involve herself in similar offences”, Amulya’s lawyers were able to get her bail by moving a simultaneous bail plea in a magisterial court in late May.
“We decided not to speak to the press about it. We wanted to peacefully get the personal surety amount of Rs 1 lakh and get the bail processed. The release order is expected on Friday morning. She has been granted bail under the standard conditions.”R Prasanna, Amulya’s lawyer
Amulya had been arrested in February for chanting ‘Pakistan Zindabad’ slogan at an anti-CAA event in Bengaluru, which was attended by AIMIM Chief Asaduddin Owaisi.
“There were multiple petitions initiated before different jurisdictional courts on different grounds. CRPC 167(2) defines the statutory time by when the chargesheet is filed based on the charges and time is between 60-90 days. In this case, since 90 days have passed, after expiry of 90th day, the 91st day accused is entitled to bail. So we moved a different court for default bail and the order came on Wednesday,” said R Prasanna, part of the team of advocates that has been arguing the case in court.
‘Had Approached High Court as Well But Had to Withdraw Petition’
Prasanna said that Amulya’s bail plea was also submitted before the High Court but had to be withdrawn.
“The original bail plea was pending before the sessions court for a long time. We had moved it before the coronavirus and the lockdown but it was not being heard despite us pressing for an urgent hearing. So, we decided to approach the HC. But the judge told us to withdraw the case as else it would be dismissed. Since we wanted to keep another option open if the sessions court denied bail, we withdrew that plea,” he said.
The advocate said that Amulya’s parents had been pained by the slow progress in the case and the coverage of the news of her arrest in the media.
“The state wanted to make an example out of her. Constituting SIT for raising a slogan, does the state have no better work?” Prasanna added. Amulya Leona is a 19-year-old student in a Bengaluru college.
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