Delhi Court Asks Explanation From Police For Not Offering Station Bail To 3 PFI Members Arrested Over Delhi Riots [Read Order]

A Delhi Court on Friday granted bail to three members of Popular Front of India - Mohammad Danish, Mohammad Ilyas and Parvez Alam - who were arrested by Delhi police on the allegation that they were involved in the alleged conspiracy behind Delhi riots.

Metropolitan Magistrate Prabh Deep Kaur of Tis Hazari Court, New Delhi observed that the offences invoked by the police in the FIR  - Sections 147/148/149/120B of the Indian Penal Code- were bailable. Therefore, the Court sought a written explanation from the Investigating Officer for not offering bail to the arrested persons in the station itself.

"It is settled principle that in bailable offences, it is the duty of the IO to offer bail to the accused persons at the first instance. There is no explanation why he has not offered bail to the accused persons at the first instance as per constitutional as well as procedural mandate and therefore, let a written explanation be called from the IO concerned with respect to his failure to offer bail to the accused persons in bailable offences as per constitutional as well as procedural mandate, returnable on 17.03.2020 before court concerned".

Considering that all offences invoked were bailable, and that no non-bailable offence has been disclosed in the investigation, the Court granted bail to the accused persons. Further, the Court also dismissed the application for police custody remand of six days filed in respect of the accused.

The Delhi police had arrested Danish on March 9 on the allegation that he was a member of Popular Front of India who was involved in the conspiracy behind Delhi riots. The other two accused were arrested on Thursday. The police sought remand by stating that their custody was required to unearth the conspiracy.

Rejecting the contentions of prosecution, the Court ordered :

"Considering the fact that the offences invoked in the FIR are bailable in nature and in the application for remand of six days PC remand, the IO has nowhere mentioned that any of non bailable offences has been disclosed or has come out during the investigation till now, therefore, accused Mohd.Danish, Ilyas and Parvez Alam be enlarged on bail....

The application of IO for grant of six days PC remand stands dismissed".

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