Subsequent Forming Of Unlawful Assembly At Different Place Will Not Implicate Them For Causing Offences At Another Place: Delhi HC Grants Bail To Three In Riots Case

The Delhi High Court on Friday granted bail to three accused in relation to the Delhi Riots case after observing that subsequent forming of an unlawful assembly at a different place will not implicate them as members of an unlawful assembly for causing offences at another place.

A single judge bench comprising of Justice Mukta Gupta delivered a common judgment and observed that there was no prima facie material available with the prosecution from the statements of the eye witnesses or the video clips of the mobile phones to show that the petitioners were part of the mob which caused unlawful activity at a place causing injuries to one Nitin Kumar and death of his father.

"A subsequent collection of mob at another place may be for a different object and the petitioners may be prosecuted for the same and not for the common object of pelting stones and causing injuries to Nitin and his father." The Court observed.

Furthermore, the Court observed that "The issue in the present bail application is whether the petitioners were part of the unlawful assembly which in order to fulfill its object caused injuries to Nitin Kumar and death of Vinod Kumar. The subsequent forming of an unlawful assembly at a different place i.e. gali No.1 Akhadewali gali will not implicate the petitioners as members of an unlawful assembly for causing the offences at gali No.1 Brahmpuri gali."

Shabir Ali, Mehtab and Rais Ahmed had sought regular bail in connection with the FIR registered against them under sec. 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B and 34 of IPC.

FIR was registered on the statement of Nitin, son of the deceased, stating that on reaching Brahmpuri gali at around 10:30PM, 100-200 people came from the right side with weapons including dandas, iron rods and stones and started assaulting him and his father. It was also alleged that the group was shouting "Allah Hu Akbar'". Later, his father was declared as dead after getting his treatment.

It was the case of the petitioners that two police constables had identified people who were seen in the CCTV footage installed at Gali No. 1 Akhadewali Gali on 24th February 2020. The alleged incident in question took place in Gali No.1, Brahmpuri on the opposite side of the main road towards a distance.

It was thus submitted that none of the accused persons was seen near Gali no. 1 Brahmpuri at the relevant time and that merely because they were s along with the other people of the gali Akhadewali at around the same time would not be attributed the common object of the mob which caused injury to Nitin and murder of his father.

On the other hand, the persecution submitted that on the intervening night of 23rd – 24th February 2020, various mobs collected at different points and that "each one was acting in support and in tandem with the others."

It was also stated that since the CCTV camera in the lane in question was not working, footages could not be collected.

Analyzing the site plan and cctv footages, the Court observed that there was material in the charge sheet or the supplementary charge sheet to show that the petitioners who were the part of the mob at gali No.1 Akhadewali gali after 11.00 P.M. were also the members of the mob at 10.30 P.M. at Brahmpuri gali No.1 which injured Nitain and his father.

"There is no prima facie material available with the prosecution from the statements of the eye witnesses or the video clips of the mobile phones to show that the petitioners were part of the mob which caused unlawful activity at Gali No.1, Brahmpuri resulting in injuries to Nitin Kumar and death of his father." The Court held.

In view of this, bail was granted to the petitioners on their furnishing a personal bond in the sum of ₹25,000/- each with one surety bond of the like amount.

Title: SHABIR ALI v. STATE OF NCT OF DELHI

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