Delhi Riots: High Court Grants Bail To Two Men In Custody For Over 21 Months In Aaman Murder Case

The Delhi High Court has granted bail to two men who had spent over 21 months under custody in a case relating to the North East Delhi riots concerning murder of one Aaman who sustained gunshot injuries. (FIR No. 50/2020 P. S. Jafrabad)

In similar bail orders, Justice Subramonium Prasad ordered thus:

"The petitioner is in custody since 28.03.2020. The social strata from which the petitioner comes, it is unlikely that the petitioner will be in a position to influence the other witnesses. Out of 15 accused, 12 have already been granted bail."

As per the prosecution's case, Aaman had died on February 25, 2020 due to the gunshot injury caused by the rioters. The present FIR was registered on under sec. 149, 186, 353, 283, 332, 323, 307, 427, 120B, 34, 188 IPC read with sec. 25 and 27 of the Arms Act, 1959 and sec. 3 and 4 of the Prevention of Damage to Public Property Act, 1984.

Though initially the FIR was registered for the above mentioned offences, subsequently chargesheet was filed and offences under sec. 302, 333 & 109 IPC were added.

According to the prosecution, rioters had gathered with a common intent to cause rioting at different places in the Jafrabad area and other area of North­East District.

The information of stone pelting, firing, acid attack and arson were being regularly received. When police had tried to stop the violent mob, it was alleged that there was heavy stone pelting and firing on the police personnel due to which 19 police personnel were seriously injured. Police then had to fire in the air to control the crowd.

It was thus submitted on behalf of the petitioners that they were in custody since 28.03.2020 and chargesheet had also been filed in the matter, therefore there was no necessity of keeping them further into custody.

It was further stated that out of 15 accused persons, 12 were granted bail and the petitioners' case stood on the same footing as of the other co-accused and, therefore, bail ought to be granted to them.

On the other hand, the prosecution fairly stated that 12 persons out of 15 were granted bail. However, it was added the petitioners were part of the mob which was indulging in rioting and since a valuable life was lost, all of them will be liable for this offence under sec 302 IPC.

The Court however granted bail to the two on the condition of furnishing of a personal bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the Trial Court.

Title: RIFAQAT ALI, AKEEL @ BONA v. State

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