The Delhi High Court has denied bail to Sirazuddin in connection with the case concerning murder of one Rahul Solanki, who died after being shot during the North East Delhi riots last year.Justice Mukta Gupta rejected Sirazuddin's bail plea after opining that he was seen as a part of the mob carrying a danda, as per the video footages available on record."Considering the fact that at the...
The Delhi High Court has denied bail to Sirazuddin in connection with the case concerning murder of one Rahul Solanki, who died after being shot during the North East Delhi riots last year.
Justice Mukta Gupta rejected Sirazuddin's bail plea after opining that he was seen as a part of the mob carrying a danda, as per the video footages available on record.
"Considering the fact that at the moment charge is yet to be framed and material witnesses are also required to be examined, this Court finds no ground to grant bail to the petitioner. Petition is dismissed," the Court said.
The FIR was registered under Sections 144 (Joining unlawful assembly armed with deadly weapon), 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 153-A (Promoting enmity between different groups on grounds of religion), 295-A (Deliberate and malicious acts, intended to outrage religious feelings), 427 (Mischief), 436 (Mischief by fire), 380 (Theft in dwelling house), 302 (Murder), 120-B (Criminal conspiracy) and 34 IPC along with Sections 25 and 27 Arms Act.
Statements of Solanki's brother and cousin were recorded which revealed that Rahul Solanki went to Shiv Vihar with his cousin brother to buy grocery items wherein they saw mob in a Gali.
It was therefore alleged that one boy out of the rioters having pistol in his hand came ahead while firing and suddenly shot at the neck of Rahul Solanki. He was declared brought dead in GTB Hospital.
It was also alleged by the cousin that they saw people having pistol, lathi and dandas in their hand and were pelting stones and patrol bomb while raising slogans.
It was argued on behalf of Sirazuddin that even if he is witnessed in the CCTV footage, he does not have any firearm in his possession. He also submitted that death of the deceased Rahul Solanki was caused due to firing and he had no other injury including an injury by a danda.
"Petitioner is stated to be a member of the said mob. As per the video footages available till 4.15 PM, where after the video was damaged by one of the members of the mob, the petitioner is seen as a part of the mob carrying a danda," the Court said.
It added:
*A perusal of the statement of Rahul reveals that after seeing the video footage, he identified the people present in the mob, out of which petitioner was one of them. Anil Kumar is the cousin brother of the deceased and was not residing with them, and hence did not know the local residents."
Accordingly the bail plea was rejected.
Case Title: SIRAZUDDIN v. STATE