Toolkit case: What is transit anticipatory bail?

The Bombay High Court granted transit anticipatory bail to advocate Nikita Jacob and environmental activist Shantanu Muluk, who are accused in a case registered by Delhi Police in connection with the "toolkit" shared by climate activist Greta Thunberg over the ongoing farmers' protest.

What is a transit anticipatory bail?

In case an FIR is registered against a person in a different district or state than the state of his or her residence, the said person can opt to file a transit anticipatory bail application before a Sessions Court or a High Court. This ensures temporary protection from arrest while the person travels from one state to another for approaching the appropriate court.

In the case of Nikita Jacob and Shantanu Muluk, an FIR has been lodged in Delhi and the accused live in Mumbai. Therefore, seeking protection against arrest, before they approach a Delhi court for an anticipatory bill, they had filed for a transit anticipatory bail.

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An anticipatory bail application can only be heard by a Session Court which has jurisdiction over the police station that has registered the FIR. Therefore, in this case, Shantanu Muluk who has been granted 10 days' transit anticipatory bail by the Bombay High Court has 10 days to apply for protection before the appropriate court in Delhi.

Meanwhile, Nikita Jacob has been granted three weeks' time to approach the concerned court in Delhi for relief. The court in its order noted the applicant (Jacob) is a permanent resident of Mumbai and the FIR is lodged in Delhi, and the relief sought by her now is only temporary.

Who are Nikita Jacob and Shantanu Muluk?

The two along with arrested accused Disha Ravi, an activist from Bengaluru, were allegedly involved in preparing the document and were in direct touch with "pro-Khalistani elements".

Also read: Nikita Jacob gets pre-arrest bail in toolkit case

The Delhi police alleged that Ravi along with Jacob and Shantanu created the "toolkit" and shared it with others to tarnish India's image.

The accused persons have been booked under Indian Penal Code Sections 124(a) for sedition, 153(a) for promoting enmity between different sections of the society and 120(b) for criminal conspiracy.

Greta Thunberg, a celebrated climate activist, had shared the "toolkit" to lend support to the farmers' agitation near Delhi borders against the Union government's new farm laws.

(With PTI inputs)