Delhi Riots: Court Grants 15 Days Interim Bail To Shahrukh Pathan Who Pointed Gun At Cop

A Delhi Court has granted 15 days of interim bail to Shahrukh Pathan, the man who pointed a gun at a policeman during the 2020 North-East Delhi riots.

Additional Sessions Judge Sameer Bajpai of Karkardooma Courts granted relief to Pathan for taking care of his ailing father and arranging funds for the family.

“The applicant is directed to give his mobile number to the I.O. and will keep the same with him on 'Switch ON' mode. Further, the applicant will not contact the other accused persons and the witnesses of this case. Further, the applicant will give his attendance in the PS Jafrabad on every alternate day between 10-11 a.m,” the Court said.

The development ensued in FIR 51 of 2020 registered at Jafrabad Police Station. The case relates to an incident wherein he was captured pointing a gun towards a policeman during the riots. The pictures of it had gone viral on the social media.

Pathan sought interim bail on the ground that his presence was urgently required during the pre and post surgery period of his father. Further, it was submitted that there was no male member in his house to look after his father.

The prosecution opposed the plea on the ground that the offences were serious in nature and if granted bail, Pathan may jump the bail and flee from justice.

Allowing the plea, the judge noted that medical papers showed that Pathan's father had been suffering with multiple ailments and had been hospitalised.

“The I.O. alongwith his reply has also placed on record photographs of the father of the applicant which again show his poor physical condition and the fact that he is in Hospital,” the Court said.

It added: “Looking into the medical condition of the father of the applicant/accused and the fact that the presence of applicant is necessary for taking care of his ailing father and arranging funds for the family, the court deems it just and appropriate to grant 15 days interim bail to the applicant…”

The FIR was registered at Jafrabad police station under Sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 153­A (Promoting enmity between different groups on grounds of religion etc), 186 (Obstructing public servant in discharge of public functions), 188 (Disobedience to an order lawfully promulgated by a public servant) 307 (Attempt to murder), 353 (Assault or criminal force to deter public servant from discharge of his duty), 505 (Statements conducing to public mischief), 120­B (Criminal conspiracy) and 34 (common intention) of IPC along with Section 27 (Punishment for using arms, etc) of Arms Act.

The trial court in December 2021 framed charges against Pathan and other accused in the FIR. It had also convicted a man for harbouring Shahrukh Pathan under Section 216 of IPC after he had voluntarily pleaded guilty to the charge framed against him.

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