[Delhi Riots]No CCTV Footage Or Complaint Made By Witness Or Constables: Delhi HC Grants Bail To Alleged Associate Of Tahir Hussain

The Delhi High Court on Wednesday granted bail to one Liyakat Ali who was sent to judicial custody by a Delhi Court for his involvement with suspended AAP Councillor Tahir Hussain in the North East Delhi Riots that broke out in February 2020.

A single judge bench comprising of Justice Suresh Kumar Kait disposed of the bail application by granting him bail.

Three FIRs had been registered against Liyakat Ali at Khajuri Khas and Dayalpur Police Stations for his alleged role attributed in pelting stones, petrol bombs and leading a mob resulting to the riots.

According to the police, Liyakat Ali along with his son Riyasat Ali worked for Tahir Hussain and was present at his residential terrace from where stones and petrol bombs were pelted.

Liyakat Ali was booked for offences under sec. 147, 148, 149, 153A, 307, 505, 120B and 34 of Indian Penal Code, 1860 along with sec. 27 and 30 of Arms Act.

According to the Ali, the bail was sought on the ground that he was falsely implicated in the all the FIRs registered against him.

Adv. Dinesh Tiwari, appearing on behalf of Ali submitted that there was no clinching evidence on record connecting him with the alleged incident and that his presence was no more required since the charge sheet had been filed in the case.

While dealing with the bail plea, the Court noted that Liyakat's mobile location had revealed that he and his son were present at the spot of alleged incident and the case against him was registered for allegedly pelting stones and instigating rioters to attack people from "other community".

The bail plea was opposed by Additional Solicitor General who submitted that Ali was liable for the criminal acts committed by the mob on 25th February 2020 and therefore the bail should be denied.

After looking at the facts of the case, the Court observed that:

"Petitioner is a 63 years old man. Admittedly, no electronic evidence like CCTV footage or videography or photograph has been placed on record to establish petitioner's presence at the spot at the time of alleged incident."

The bench also took note of the fact that the eye witness namely Pradeep Verma had not made any complaint or PCR call to any authority regarding Ali's involvement prior to 28th March 2020 i.e. the day when his first statement was recorded.

"Statements of Constable Saudan and Constable Pawan were recorded on 06.06.2020 and 24.03.2020 respectively. They had also not made any complaint or DD entry with regard to incident in question even though they were posted in the area and witnessed the alleged incident. Charge sheet in this case has already been filed and investigation is complete and so, no purpose would be served in keeping the petitioner behind bars."

The Court granted bail to Liyakat Ali on furnishing a personal bond of Rs. 25,000 with one surely in like amount.

Date of order: 03.02.2021

Click Here To Download Order

[Read order]