"Eid Is A Time Of Joy And Blessing": Delhi Court Grants 15 Days Interim Bail To An Accused In Delhi Riot Case For Celebrating Eid With Family

A Delhi Court on Wednesday granted interim bail for 15 days to Gulfam, accused in connection with the Delhi Riots cases, for celebrating Eid festival with his wife and children.

Additional Sessions Judge Vinod Yadav granted interim bail while observing thus:

"It is further worthwhile to note here that Eid is meant to be a time of joy and blessing for the entire muslim community. Eid festival is very important time in Islam and allows families, loved ones and communities to come together and celebrate/enjoy everyday blessings. Accordingly, applicant Gulfam is admitted to interim bail in the matter for a period of fifteen (15) days from the date of his release from the jail."

Gulfam was in judicial custody since 16th March last year and had filed an application seeking interim bail for 15 days on the ground that Eid festival is to be observed among the muslim community on the 13th and 14th of May and that his wife and children "have an earnest desire to celebrate Eid with him".

Various cases were registered against Gulfam in connection with the Delhi Riots that broke out in February last year. However, he was granted the interim relief under FIR 88/2020 registered under sec. 147, 148, 149, 153-A, 505, 307, 120-B and 34 of IPC alongwith sec. 27 and 30 of the Arms Act.

The interim bail plea was vehemently opposed by the prosecution by arguing that one Ajay Goswami had sustained serious gunshot injuries on 25th February 2020 by a riotous mob and that considering the seriousness of the offence involved in the matter, interim bail should not be granted as the Court had already dismissed the regular bail plea vide order dated 25.07.2020.

It was however informed that Gulfam had already been granted regular bail in other cases.

On the other hand, it was argued by the applicant Gulfam that bullet piece recovered was sent to FSL however the report could not be expedited in view of the covid 19 pandemic.

Noting that the non-receipt of FSL report in the matter is neither in the hands of IO/investigating agency nor the Court, it was observed thus:

"The report has to come from the FSL and this Court cannot loose sight of the fact that presently pandemic Covid-19 cases are on rise and that may be the reason for delay in filing the said report. Be that as it may, the applicant cannot be denied interim relief on the sole account of non-filing of FSL report in the matter."

In view of the aforesaid, the Court granted bail to Gulfam subject to furnishing of a Personal Bond of Rs.20,000 with one surety in the like amount and subject to the following conditions:

- That the applicant shall not misuse the liberty in any manner.

- He will not seek extension of interim bail on any ground whatsoever; he will not leave the town/station (Delhi) without prior permission of the Court.

- He shall furnish his mobile number to SHO, PS Dayalpur upon his release from the jail and will ensure the same to be in working condition.

- He shall also get installed "Arogya Setu App" in his mobile phone; he shall neither influence the witness(es) nor tamper with the evidence and will maintain peace and harmony in the locality.

- Needless to say, the applicant be released from the jail only after getting his RT-PCR test done by the jail authorities.

- After expiry of the interim bail period, the applicant will surrender himself before Superintendent Jail concerned after getting his RT-PCR test done from outside.

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