"Injury Not By Gun But By Stone": Delhi High Court Grants Bail To Two Men Accused Of Firing Bullets In Riots Case

The Delhi High Court has granted bail to two men namely Shiva and Nitin accused of allegedly firing bullets during the North East Delhi riots.

Justice Mukta Gupta granted bail to the two, who were also declared as proclaimed offenders, after observing that the injury received to one Azim was not by a gunshot but by a stone.

The FIR was registered under Sections 147, 148, 149, 308 of IPC and sections 25 and 27 of Arms Act on the statement of Azim alleging that he heard a commotion outside his house and saw a mob of around 20-25 people moving towards Matin Masjid and chanting slogan 'Jai Shree Ram'. He also alleged that they were damaging property, pelting stones and firing bullets. He was then taken to a hospital after a stone hit his head.

The counsel appearing on behalf of the petitioners submitted that Nitin was not identified in the CCTV footage and that Shiva, who was holding the pistol in his hand, was only seen firing in the air. In view of this, it was argued that no gunshot injury was been received to Azim or any other victim.

It was also submitted that it was not clear if he fired or was only holding the weapon in the air as the ten used cartridges recovered from the spot were also attributed to him in another FIR.

On the other hand, it was submitted on behalf of the State that both Nitin and Shiva were seen in the CCTV footage and were also identified by the beaten Constable.

"Considering the material placed on record and the fact that the injury received to Azim was not by a gunshot but by a stone, this Court deems it fit to grant regular bail to the petitioners," the Court said while granting bail to the duo.

Bail was granted to the two subject to furnishing of bail bond of Rs. 50,000 with two surety bonds of the like amount.

"Needless to note that any observation made herein above is only for the purpose of coming to a prima facie conclusion in relation to the grant of bail and the same will have no bearing on merits during the course of trial," the Court added.

Title: Shiva, Nitin v. State

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