Delhi Riots- Delhi High Court Grants Bail To Two Men After Doubting Eye Witness's Testimony In Murder, Conspiracy Case

The Delhi High Court on Friday granted bail to two men namely Pradeep Rai and Aman Kashyap facing trial of murder and conspiracy in connection with a Delhi Riots case that broke out in Northeast Delhi last year after doubting the testimony of eye witness who alleged to have seen the incident happening at a place situated away from his house.

A single judge bench comprising of Justice Suresh Kumar Kait observed thus:

"In the prima facie opinion of this Court, it is possible that the eye witness, who in the present case is resident of Gali No.8, might have seen the incident taking place in Gali No.10, which is close to his place but how he could see the present incident, which has taken place in Gali No.3, and away from Gali No.10 and Gali No.8, is doubtful."

The two men were seeking bail in FIR 87/2020 wherein Pradeep Rai was accused of offences under Sections 302, 147, 148, 149, 379, 427, 436, 120B and 34 of IPC and Aman Kashyap for the offences under Sections 147, 148, 149, 302, 120B and 34 of IPC.

It was the case of the petitioners that one Shashi Kant was the eye witness in multiple FIRs all registered at Policr Station Dayalpur in connection with the incident dated 25.02.2020 which took place in Gali No.10 as well as in the present FIR related to an incident which took place in Gali No.3. 

The petitioners while terming Shashi Kant as being a "planted witness" submitted that the distance between between Gali No.10 and Gali No. 3 was around 500-700 meters, thereby making it impossible for him to witness the alleged incident.

In view of the said submission, the Court vide order dated 24th March asked the Special Public Prosecutor Amit Mahajan to ascertain how the said witness was eye-witness in the incidents which took place at Gali No.10 as well as in Gali No.3.

A supplementary status report was then filed dated 7th April wherein it was specifically stated that the distance between Gali No.10 and Gali No.3 was about 350 meters.

Observing that the Court is of the prima facie opinion that it was not possible for the eye witness to see the present incident which took place in Gali No.3 and away from Gali No.10 and Gali No.8, the Court opined it to be as doubtful.

"In the opinion of this Court, the veracity of the allegations alleged shall be tested at trial. However, keeping in view that petitioner is in judicial custody since 02.04.2020 and trial of the case shall take substantial time, without commenting on merit of the case, this court is of the opinion that the petitioners deserve bail." The Court observed.

The Court granted bail to the two subject to furnishing of personal bond in the sum of Rs.20,000/- each with one surety each in the like amount.

Click Here To Download Order