Delhi High Court Rejects Bail Plea Of Delhi Riots Accused Shahrukh Pathan - Accused Of Firing Shots At A Head Constable

A single judge bench of Justice Suresh Kait of the Delhi High Court today rejected the bail application of a Delhi riots-accused, Shahrukh Pathan Khan, who faces charges of firing shots at a Head Constable of the Delhi Police in Jaffarabad in the Delhi Riots 2020 violence.

Placing reliance upon the video footages produced by the police as evidence, the court said, "The video clipping and pictures played before this Court have shaken the conscience of this Court how petitioner could take law and order in his hands."

It further said that regardless of his intention to kill the complainant or any person present in the public with his open air pistol shots, it was "hard to believe that he had no knowledge that his act may harm anyone present at the spot."

Referring to the facts of the case and Pathan's defence, the bench noted that, "...it is not the case of petitioner that he was not involved in the alleged incident."

The Karkardooma Court (Delhi) in November had refused to grant interim bail to Pathan, whose videos showing him "firing shots" at a policeman, during the February 2020 Delhi Riots had gone viral on the social media/internet.

Justice Kait held that, "...the learned trial court has rightly held that the petitioner is alleged to have participated in riots and his picture speaks a volume about his involvement."

The court also said that the worthiness of the complainant's statement recorded under Section 161 Cr.P.C. and the Pathan's claim that he "had not aimed (the) pistol to shoot at the complainant, shall be tested at trial."

Earlier, the Additional Sessions Judge Amitabh Rawat had rejected the interim bail plea of Pathan.

Pathan was caught on Feb 24 last year, brandishing a pistol with the temerity of firing and pointing it at police personnel Head Constable Deepak Dahiya, who was deputed on that day for law and order arrangements near Jaffarabad Metro Station.

The instant case against Pathan was registered under Sections 147, 148, 149, 216, 186, 307, 353 & 34 IPC read with Section 25 & 27 Arms Act. After the said incident near Jaffarabad Metro Station, he had absconded, however, he was arrested by the team of Delhi Police Crime Branch on Mar 3, 2020 from the Shamli Bus Stand, Uttar Pradesh on the basis of secret information.

[Shahrukh Pathan alias Khan v The State of NCT of Delhi (Bail App 664/2021)]

Click Here To Download Judgment