Delhi Riots: Video Footage Showing His Alleged Involvement Doesn't Pertain To The Day Of Incident: Delhi Court Grants Bail To Accused

The Additional Sessions Judge Amitabh Rawat, while granting him the relief, observed that the video footage showing his alleged involvement in the riots and murder was not of the day of the incident.

"In view of the video footage which does not pertain to the day of the incident, the period of incarceration and in the totality of the facts and circumstances of the case, accused Anwar Hussain is admitted on bail on furnishing of personal bond in the sum of Rs. 40,000/­ with one local surety of the like amount to the satisfaction of Ld. MM/Link MM/Duty MM", said the Court.

The Case against the Accused

According to the FIR dated 25.02.2020, which was registered on the complaint of one Mohd. Imran - in the evening of 24.02.2020, the complainant (one Mohd. Imran), was going to his factory from his home and at about 5.20 PM, he reached near Kardam Puri Pulia where he saw a huge crowd and stopped there.

Complainant alleged that he saw that his younger brother Furkan, 30 years old, was also standing on the Pulia. The Complainant parked his scooty there and called his brother Furkan, who on hearing his voice, turned back and started walking towards the complainant (his brother) and suddenly Furkan fell there and the complainant immediately reached out to Furkan and saw that blood was oozing out from the left leg of Furkan as a bullet had hit his left leg.

He was immediately taken to GTB Hospital, wherein the hospital administration, after examination, declared Furkan as dead.

During the course of investigation related to this Case, on 12.03.2020, secret information was received and thereby, the present accused Anwar Hussain was arrested.

Allegedly, he confessed to his crime (murder-cum-riots) which took place at Kardam Puri Puliya. Allegedly, Anwar Hussain was a part of the unlawful gathering and was seen actively participating in the riots.

It was argued that accused Anwar Hussain is liable for the criminal acts committed by any member of the illegal mob which gathered on 24.02.2020 at the spot where Furkan was murdered.

It was further submitted that TIP was refused by the accused. Lastly, it was prayed that the bail application of Anwar Hussain (Accused/Applicant) be dismissed.

Court's Order

The Court, in its order, noted that the prosecution relied upon one video footage of 23.02.2020 where accused (Anwar Hussain) is allegedly shown as a participant of an unlawful gathering at Kardam Puri Puliya. The Court took into account the fact that the complainant in the case (Furkan's brother) was not an eye witness in the matter.

To this, the Court said,

"The footage was seen and without going into the merits of the nature of the involvement of the accused in the said footage, it can be clearly stated that for whatever footage depicts of the incident of 23.02.2020, by no stretch of criminal liability, can be accounted for the offence of riot and murder committed on 24.02.2020. Thus, the video footage is not of the day of the incident of 24.02.2020 but of 23.02.2020."

The Court further said,

"Clearly this is not incriminating clinching evidence of involvement of accused in riots of 24.02.2020. During further investigation, a supplementary charge sheet was filed after Afsar/witness had, in his statement on 24.06.2020, given the name of the present accused Anwar Hussain as participating in the riot."

Consequently, the accused-applicant Anwar Hussain was admitted on bail. The court directed him not to tamper with evidence or leave Delhi without its prior permission.

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