Delhi Riots: High Court Grants Bail To 6 Accused In Dilbar Negi Murder Case

The Delhi High Court on Tuesday granted bail to six accused persons in a case related to the North East Delhi riots, alleging that a mob caused vandalism, put on fire a sweet shop as a consequence of which a 22 year old boy namely Dilbar Negi died after sustaining burn injuries. (FIR 39/2020 PS Gokulpuri)

Justice Subramonium Prasad granted bail to Mohd. Tahir, Shahrukh, Mohd. Faizal, Mohd. Shoaib, Rashid and Parvez.

The Court pronounced the orders after reserving them earlier this month. The Court had heard Advocate Amit Mahajan appearing for the Delhi Police. 

Deceased Dilbar Singh Negi used to work as a waiter in Anil sweet corner. The FIR was registered under Section 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (Unlawful assembly), 302 (Murder), 201 (Causing disappearance of evidence), 436 (Mischief by fire) and 427 (Mischief causing damage) of IPC at police station Gokalpuri.

After the registration of FIR, the investigation of the case was taken up by the local police. Further investigation of the case was transferred to the SIT of Crime Branch.

During the course of investigation, twelve accused persons were arrested in the case. After investigation, charge sheet was filed on June 4, 2020.

According to the statements of public witnesses, it was stated that a riot took place where the rioters pelted stones, chanted anti Hindu slogans, ransacked and torched many shop and houses and also entered into a building and killed the deceased, who was hiding there and burnt his body along with the building.

During the course of hearings, the prosecution had vehemently opposed the grant of bail to the accused persons. Mahajan had submitted that while the riots started in the morning and continued till late in the night, it cannot be said that the accused persons were part of the riotous mob in the afternoon and not during the night.

"As we apply the principle of sec. 149 IPC as laid down by the Supreme Court, it is not that each accused or the role played by each accused has to be shown at least at the time of arguing bail application. If we're able to show that they are part of the riotous mob which is responsible for committing riots which led to death of Dilbar Negi, atleast for the purpose of bail prima facie we need not go further," he had argued.

Mahajan had added that it was also not denied by the accused persons that they were not seen in the video footage in front of shop which was burnt at the time when riots took place or that the riots didn't start at around 3:30 PM in the afternoon.

The copy will be updated after the orders are uploaded. 

Case Title: Mohd. Tahir & other connect bail pleas v. State