'No Public Eye-Witness, Disclosure Statement Carries No Meaning', Delhi Court Grants Bail To 17 Yr Old Student in Delhi Riots case

The Additional Sessions Judge Amitabh Rawat granted the minor bail while observing that there is no public eye witness who has attributed his role in the matter.

Background

The Case of prosecution is that one PCR call received in P.S. Welcome regarding admission of an injured in St. Stephen hospital.

Allegedly, injured Sajid was examined and he stated that he was going on his cycle rickshaw towards his house at about 2.00 pm dated 25.02.2020 via Vijay Park. When he reached near Kabir Nagar Pulia, some persons rushed to catch him but he started running after leaving the cycle rickshaw there. He felt that something hit him and he became unconscious.

Later, he was shifted to private clinic where Doctor stated him that a bullet had hit him. Later he went to St. Stephen hospital.

The accused, a minor was arrested in FIR No. 193/20, P.S. Welcome and he disclosed about his involvement in the present case.

Consequently, he was arrested. He was identified by Ct. Pushkar.

Court's Observations

The Court observed that injured Sajid in his statement, did not identify or name the present applicant/accused Kazim.

The Court also noted,

"Apart from a disclosure statement, which by itself carries no meaning, there is one statement of Ct. Pushkar who identified the applicant/accused Kazim as one of the rioters in the said incident on 25.02.2020. However, the said statement by a police personnel, given only on 19.04.2020, for the incident of 25.02.2020, is not a strong piece of evidence."

Further, the Court took into account that co-­accused, persons namely Zahid Ali and Mohd. Fazil have been granted bail by the court and the applicant/accused was in custody since 19.04.2020.

Considering the period of custody and in totality of the facts and circumstances of the case, the Court allowed the bail application of accused Kazim.

Accordingly, accused Kazim was granted bail subject to furnishing of personal bond in the sum of Rs. 15,000/­ with one surety in the like amount before the Ld. MM/Link MM/Duty MM.