Delhi Riots- "He Is Seen In Aggressive Posture, Shouting & Carrying Palta (Spatula) In His Hands": Delhi Court Denies Bail To Riots Accused

The Additional Sessions Judge Amitabh Rawat was hearing the Regular Bail Application of one Shoaib.

The Case against Shoib

As Prosecution's case against Shoaib is that on 25^th February 2020 protest of one community was going on against the CAA. Also, people of another community came there protesting in favour of CAA.

Allegedly, they came in front of each other and started pelting stones on each other. During stone pelting, firing also took place and due to this stone pelting and firing several people and police personnel got injured.

Further, during investigation, statements of witnesses were recorded and CCTV footage was analyzed and many accused were identified by the CCTV footage and were arrested.

In the CCTV footage, Shoaib (the accused) was present in the street and holding one palta in his hands. He was shouting and pelting stones on the other group. Moreover, ASI Dharambir also identified him.

Court's Observations

Regarding the role of the present accused Shoaib, the Court observed,

"He is clearly visible in the footage with an aggressive posture and shouting and carrying Palta in his hands. The photographs of accused and of other accused persons are evident of the situation of their role in riots."

The Court further noted,

"In the bail application itself, it is contended that palta is used by the applicant in preparing Biryani. The bail application of many co-accused persons, who are seen with an aggressive posture and rioting, have been dismissed."

Thus, the Court concluded that the accused was part of the unlawful assembly which in prosecution of common object had committed the offence of rioting and firing gunshot injuries on the public persons and police officials.

Lastly, in view of the gravity of the offence and the material available against the accused Shoaib, the Court found that no case for bail was made out.

Accordingly, the instant bail application of accused Shoaib under Section 439 Cr.P.C stood dismissed.

In related news, the Karkardooma Court (Delhi) last week refused to grant Regular bail to Shahrukh Pathan, whose infamous picture, showing him pointing a gun at a policeman, during February 2020 Delhi Riots had gone viral on the Social Media/Internet.

While denying him bail, the Additional Sessions Judge, Amitabh Rawat observed,

"What is material is the gravity of the offence and the allegations against the accused which are quite grave. And added to it is the conduct of the accused showing that he does not satisfy the triple test for grant of bail."

Importantly, the Court had also said that "the accused is alleged to have participated in the riots and has been duly identified. His picture speaks volumes about the involvement and the conduct of the accused on the said day."

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