Delhi Riots- "Police Video Does Not Show His Presence": High Court Grants Bail To One In Jail For Over 15 Months

The Delhi High Court has granted bail to one Mohd. Bilal, who had been in custody since June 2020, in a riots case after observing that the videography conducted by the Police to keep a watch on the people protesting does not show his presence.

Justice Mukta Gupta granted bail to Bilal on his furnishing a personal bond in the sum of Rs. 50,000 with two surety bonds of the like amount.

The matter pertained to FIR 138/2020 registered under sec. 147, 148, 149, 435, 186, 353 and 302 of IPC.

It was the case of the Prosecution that around 100-150 persons armed with rods, lathis, stones and firearms gathered and started raising slogans against Government to protest against CAA. It was also alleged that the duty police officers from warned the members of unlawful assembly bringing to their notice that sec. 144 Cr.P.C. had been promulgated in the area.

However, the mob indulged in arson, stone pelting and firing towards the Police officers on duty. Thereafter, a member of the rioting mob namely Mudassir sustained bullet injury and was later declared brought dead. 

The cause of death of the deceased was 'shock as a result of ante-mortem injury to head produced by projectile of firearm'.

The Prosecution said that Bilal was seen damaging the CCTV cameras on 24th February, 2020 near the spot and that the statement of witness Babu Dule in relation to the dislocation of the cameras as having witnessed the incident was relied upon by the State.

Statement of Constable Sunder who had identified Bilal on the basis of CCTV footages was also relied upon.

"In the said video recording, the deceased Mudassir is seen standing with the mob, and is also seen falling down after receiving the projectile. However, in the video recording clip of 35 seconds which is focussing on the mob, petitioner is not visible," the Court said.

"One fails to understand that while the videography was going at the spot, why videography of only 35 seconds when Mudassir got injured was captured and it did not have any videography prior thereto or thereafter, for the reason the same would have captured all the people around the place of occurrence. Be that as it may, as noted above the videography conducted by the Police to keep a watch on the people protesting does not show the presence of the petitioner," the Court added.

The Court was also of the view that although it is claimed that the house of Babu Dule was in a side lane, however the possibility of his being able to see the exact incident in a mob of hundreds of people from his residence was too remote.

Accordingly, the petition was disposed of.

Title: MOHD BILAL v. STATE OF NCT OF DELHI

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