Delhi Riots: High Court Grants Bail To Two Men In Head Constable Ratan Lal Murder Case

The Delhi High Court has granted bail to two accused persons in the murder case of Delhi Police's head constable Ratan Lal during the 2020 North-East Delhi riots.

Justice Chandra Dhari Singh granted the relief to Mohd. Jalaluddin and Mohd. Wasim in FIR 60/2020 registered at Police Station Dayalpur.

While granting bail to Jalaluddin, the Court noted that the matter is fixed for arguments on charge and is pending since October 26, 2020 due to which he has undergone pre-trial incarceration for a period of 3 years and 7 months.

“It is needless to say that the determination of his guilt or innocence is taking a large amount of time to be completed. In view of the same, it is observed that the petitioner cannot be made to incarcerate in jail for an indefinite period as doing so will hamper with his Fundamental Right enshrined under Article 21 of the Constitution of India,” the Court said.

It added that timely disposal of the case pertaining to more than 270 witnesses across 9 chargesheets was not possible.

While granting bail to Wasim, Justice Singh noted that the chargesheet was filed and the investigating agency had collected the material evidence, i.e., the CCTV footage.

Noting that the case was at the stage of framing of charges consisting of more than 150 witnesses, the Court concluded:

“It is further observed by this Court that the petitioner is a 35 year old sole-bread winner of his family, having no criminal antecedents and is behind the bars since 28th September, 2020. It is also observed that due to his continued incarceration period, not only the petitioner but his family has suffered largely as his minor daughter, aged about 9 months, passed away due to lack of treatment.”

FIR 60/2020 was registered at Dayalpur police station under Section 186, 353, 332, 333, 323, 109, 144, 147, 148, 149, 153A, 188, 336, 427, 307,308, 397, 412, 302, 201, 120B and 34 of the Indian Penal Code read with Section 3 and 4 of the Prevention of Damage to Public Property Act and Section 25, 27, 54 and 59 of the Arms Act.

It was stated that around 1 PM protesters carrying danda, lathies, baseball bats, iron rods and stones started gathering at the main Wazirabad road and did not pay heed to the directions of senior officers thereby became violent.

It was further stated that after repeated warnings to the protestors, mild force and gas shells were used to disperse the crowd. According to the Constable, violent protesters started beating people as well as police personnel, due to which he himself sustained injury on his right elbow and hand.

He also stated that the protestors attacked DCP Shahdara, ACP Gokulpuri, and Head Constable Rattan Lal due to which they fell on the road and sustained grievous injuries. All the injured persons were taken to hospital, where it was found that HC Rattan Lal had already died due to injuries sustained and DCP Shahdara was unconscious and had sustained head injuries.

Advocates Kartik Venu, R Jude Rohit and Kratika Singhal appeared for accused Mohd. Jalaluddin. Advocates Deepak Kohli, Mohd. Shariq, Mohd Anas and Amit Kharbanda appeared for Mohd. Wasim. SPP Ashish Dutta with Advocate Mayank appeared for Delhi Police.

Title: MOHD. JALALUDDIN v. STATE and other connected matter

Citation: 2024 LiveLaw (Del) 1196

Click here to read order

Click here to read order