NEW DELHI: Metropolitan Magistrate Prayank Nayak allowed the plea of Delhi Police, saying the voice samples were necessary to ascertain the role of the accused in raising slogans and giving speeches on August 8.
"In the present case, the voice sample is necessary to ascertain the role of non-applicants in raising slogans/speeches. In view of the same, the application is allowed," the court said.
The court directed Chaudhary, Upadhaya and other co-accused -- Vinod Sharma, Deepak Singh, Sushil Tiwari, Vineet Vajpai, Preet Singh and Uttam Upadhaya -- to make themselves available for giving their voice samples as and when informed by the investigating officer (IO) of the case.
"IO concerned is directed to give advance intimation of at least one day to the non-applicants in this regard," the court said.
Chaudhary had surrendered before Delhi Police on August 31 and was granted bail on September 30, while Upadhyay was arrested on August 10 and was granted bail on August 11.
Besides Upadhyay, the police had also arrested Vinod Sharma, Deepak Singh, Vineet Bajpai and Preet Singh in connection with the case.
The police charged the accused with various offences, including raising communal slogans and inciting the youth to propagate against a particular religion, at a rally here.
Earlier a trial court had dismissed Chaudhary's anticipatory bail application, saying "we are not a Taliban State."
The court had said that in the past such incidents have triggered communal tensions leading to riots and loss to life and property.
"We are not Taliban State. Rule of law is the sacrosanct governing principle in our plural and multi-cultural society. While the whole of India is celebrating 'azadi ka amrut mahotsav' there are some minds still chained with intolerant and self-centric beliefs," the judge had said.