[Delhi Riots] High Court Grants Time To Prosecution For Responding To Location Proof Submitted By Accused In Bail Pleas

While dealing with two bail pleas filed on behalf of one Ankit Chaudhary alias Fauzi in the Delhi Riots cases, the Delhi High Court has granted two weeks time to the Prosecution for responding to a location chart filed by Chaudhary showing his presence on the said day in the two FIRs.

Chaudhary is accused under FIR 103 and 104/2020 alleging that bodies of certain people belonging to the Muslim community were found in a dirty drain in the Gokulpuri area after they were killed during the riots that erupted in North East Delhi last year.

During the course of hearing on Wednesday, Dhruv Pande appearing for the Prosecution submitted that the said location chart was received by them last night thereby seeking some time to respond to it.

Furthermore, he also submitted that there is a confusion as to whether the bodies found in the drain belonged to people belonging to a certain community.

After hearing Advocate Pradeep Teotia appearing on behalf of the petitioner, who submitted that the said chart was filed by him to show that he was present at different places, Justice Mukta Gupta said:

"The petitioner states that he has already filed a location chart. The same is not on record. The petitioner will ensure that the chart is on record."

"Counsel appearing on behalf of the learned SPP seeks some time to file response on location chart. The same may be filed within two weeks," the Court added while adjourning the matter to September 30.

FIR 103/2020 relates to the murder case of one Aamin, whose body was found on March 3 when the riots erupted in the national capital last year.

While dismissing Chaudhary's bail plea in the said FIR, the Trial Court, after forming a prima facie opinion that the accused was present at the spot and was "exhorting the rioters of a particular community who could have killed anybody on his instigation", observed that the accused along with others were members of a Whatsapp Group namely "Kattar Hindu Etka" wherein the language used appeared to be "highly communal in nature, clearly promoting disharmony, enmity and feelings of hatred towards the members of a particular community."

The facts of the case date back to March 28, 2020 wherein the Investigation in the murder case was transferred to the SIT, Crime Branch. On April 4, Ankit was arrested who made disclosure statement regarding commission of crime alongwith other co-accused persons.

On the other hand, FIR 104/2020 alleges that a dead body lying in Nala was taken out and some injury marks were found present on the body of deceased. An FIR was therefore registered under sec.147, 148, 149, 201 and 302 IPC.

Title: Ankit Chaudhary alias Fauzi v. State