[Delhi Riots] 'Petitioner Is Not Seen In Any Of The 11 Video Footages', Delhi HC Grants Bail To Man In Riots Case [Read Order]
The Delhi High Court on Tuesday (13th October) granted bail to a man named Kasim, who was arrested for allegedly rioting during the Delhi Riots (in February 2020), after noting that petitioner was not seen in any of the 11 footages which were received from different social media.The Bench of Justice Suresh Kumar Kait was hearing the plea filed by the petitioner under Section 439 Cr.P.C. read...
The Delhi High Court on Tuesday (13th October) granted bail to a man named Kasim, who was arrested for allegedly rioting during the Delhi Riots (in February 2020), after noting that petitioner was not seen in any of the 11 footages which were received from different social media.
The Bench of Justice Suresh Kumar Kait was hearing the plea filed by the petitioner under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of bail in case FIR No.91/2020 dated 02.03.2020, for the offences punishable under Sections 147/148/149/453-A/505/436/307/120-B/34 IPC and Sections 27/30 Arms Act, registered at PS Dayalpur, Delhi.
Arguments by SPP
The SPP opposed the Bail petition by stating that an injured person named Ajay had identified the rioters including the petitioner (Kasim) as he had been living in the same area from past many years.
During the course of the investigation, injured Ajay was examined who stated that on 25.2.2020, around 4:00 pm, he came out of his house to purchase some household articles and when he reached near Lakhpat School, Chand Bagh, he found that riots broke out in the whole area of Chand Bagh and nearby areas.
Argument by Petitioner's Counsel
The counsel for the petitioner submitted that the petitioner was in Sambhal, Moradabad, UP at the time of the incident and from 17.02.2020 to 23.03.2020. Thus, he was not present in Delhi on the date of the incident.
Court's Observations
The Court acknowledged the fact the incident took place on 25.02.2020 and statements of Constables Saudan and Pawan were recorded who were on duty at the spot on 25.02.2020 and they saw the incident and identified the petitioner being "BC" of the area along with other co-accused persons.
Further, the Court remarked,
"There is no explanation as to why the said police officials did not make any PCR call/DD entry to the concerned police station regarding the involvement of petitioner on 25.02.2020. The injured made his statement on 02.03.2020 wherein he named the petitioner and only thereafter, the Ct. Saudan and Ct. Pawan made their statements on 03.03.2020 stating that they were on duty at the spot on the date of the incident and had seen the incident and identified the petitioner." (emphasis supplied)
Importantly, the Court observed that as per the charge-sheet, 11 video footages were received from different social media showing the incident or riot dated 24/25.02.2020 at the crime spot and house of accused Tahir Hussain.
In this context, the Court said,
"It is also not in dispute that co-accused Tahir Hussain and Liyakat were seen in the CCTV footage, however, petitioner is not seen in any of those 11 footages received from different social media." (emphasis supplied)
[Read Order]