Delhi Riots: High Court Reserves Order On Bail Pleas Moved By 6 Accused Persons In Dilbar Negi Murder Case

The Delhi High Court on Monday reserved orders on the bail pleas moved by 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 reserved the order after hearing Advocate Amit Mahajan appearing for the Delhi Police. The bail pleas have been moved by Mohd. Tahir, Shahrukh, Mohd. Faizal, Mohd. Shoaib, Rashid and Parvez.

Vehemently opposing the bail pleas, Mahajan 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 atleast 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 added.

Mahajan 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.

"Whomsoever was part of mob can be held responsible under sec. 149. It's of no consequence if the specific role to each person is not assigned for death of Dilbar Negi as long as they are seen to be actively taking part in the riots. Their posture is also of not of a curious onlooker. When they take part with 100 of other rioters and if those act result in the death then they can't say our intention was not to kill. Each of them takes responsibility of other," he added.

Deceased Dilbar Singh Negi used to work as a waiter in Anil sweet corner. The FIR was registered under sec. 147, 148, 149, 302, 201, 436 and 427 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.

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