'CCTV Footage, Call Detail Records Show His Presence' : Court Denies Bail To Shahrukh Pathan In A Delhi Riots Case

A Delhi Court on Tuesday denied bail to Shahrukh Pathan, the man who pointed a gun at a policeman during North East Delhi riots, in a case related to rioting, causing injuries to police personnel and gunshot injury sustained by one Rohit Shukla by an armed mob. (FIR 49/2020 registered at Jafrabad Police Station)

Additional Sessions Judge Amitabh Rawat was of the view that the CCTV footage of a nearby camera installed at the relevant location showed his presence in the riotous mob.

The Court added that even according to his call detail record location, it was established that he was present at the spot. Pathan was also identified by Head Constable Deepak Dahiya in the case.

"Moreover, the applicant/accused Shahrukh Pathan is not only involved in the present FIR but also involve in FIR No. 51/2020, P.S. Jafrabad. Accused had evaded his arrest in the riots cases and after a great deal of efforts, he was apprehended by a team of Crime Branch on 03.03.2020 from Shamli Bus Stand, Uttar Pradesh on the basis of a secret information. The illegal weapon and cartridges were recovered and T­Shirt worn by him at the time of incident were recovered from his house at his instance during police custody remand. Thus, the conduct of the accused, the manner in which he absconded and was apprehended goes to show that he is indeed a flight risk and can tamper with the evidence or influence the witnesses," the Court said.

The FIR was registered under sec. 147, 148, 149, 186, 188, 153A, 283, 353, 332, 323, 307, 505, 120B and 34 of IPC along with sec. 27 of the Arms Act.

The injured person Rohit Shukla had given a statement that February 24 last year, there were two groups of people, one of which was shouting "Allah­hu­Akbar" and protesting against CAA and NRC. He also stated that the unlawful assembly turned violent and started throwing stones and one person held a pistol shot at him.

He also gave a statement that at another location, out of a violent crowd, a boy aged 24­ to 25 years came out with pistol and tried to kill him. According to the statement, it was alleged that the boy fired at the witness who had then received injuries.

"The statement of all the witnesses have to be taken at their face value and the accused can cross­examine the said witnesses on the aspect he deems it fit. However, the statements cannot be straightaway negated as agitated by the counsel for accused," the Court added.

The charges are yet to be framed in the said FIR.

However, recently, the Judge had framed charges against Pathan, in another FIR relating to an incident wherein Pathan was captured pointing a gun on a policeman, pictures of which had gone viral on Social Media.

The Court had observed that it was not an ordinary case of individuals or groups committing an unlawful act.

Title: State vs. Shahrukh Pathan

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