'Investigation Carried Out In A Lackadaisical Manner': Karkardooma Court Granted Bail To Three Accused In Delhi Riots Cases

BACKGROUND OF THE CASE

The accused persons were chargesheeted in the Delhi riots of 2020 under the provisions of Indian Penal Code, 1860 for rioting while armed with deadly weapons, unlawful assembly, theft, mischief, common intention and other relevant provisions of the Code. In view of the same, three separate bail applications were filed by the accused persons seeking grant of bail in the matter.

The FIRs were registered on the complaint of a fruit seller, Nasir Ahmad, who owned a godown in New Delhi after he alleged that a group of more than 100 people entered his godown on 25^th February 2020 and looted the fruits worth Rs. 2 lacs and burnt the reharis in the godown.

In furtherance of the FIRs registered against the three, they were arrested on 8^th and 10^th April 2020 in FIR No. 107/2020 filed at Jafrabad Police Station.

OBSERVATION OF THE COURT

Additional Sessions Judge, Amitabh Rawat while granting bail to the accused persons made a withering remark while analyzing the way in which the chargesheets were filed in the case. "After going through the bail applications, reply and particularly charge-sheet, I cannot help but notice the carelessness with which the charge-sheet has been prepared and filed. The investigation carried out, is perfunctory."

The Court had expressed its surprise on the manner in which the investigation was carried on in the case. It was observed that although the list of witnesses mentioned few names, no statement under Sec. 161 CrPC was recorded of any of the witnesses and a chargesheet was filed on 22^nd May 2020 in "a very lackadaisical manner".

The Court granted bail to the three persons after taking into account the amount of time they have undergone in custody and the nature in which the chargesheets and investigations were carried on. Bails were granted on the condition of furnishing bail bond of Rs. 10,000 each with one surety of the same amount.