Delhi Riots: High Court Grants Bail To Two Men Who Were Incarcerated For A Year Since Filing Of Chargesheet In Multiple FIRs

The Delhi High Court has granted bail to two men in multiple FIRs concerning the North East Delhi riots of 2020 noting that they were incarcerated in jail for a year since the filing of Chargesheet.

Justice Subramonium Prasad granted bail to Deepak and Raj Singh in FIR nos. 64/20, 65/20 and 67/2020 registered in Shastri Park police station. Apart from the three FIRs, Raj Singh was also granted bail in FIR 66/2020. All the FIRs were registered under sec. 147, 148, 149, 380, 436 ans 427 of the Indian Penal Code.

While granting bail to the two, the Court took note of the fact that while Deepak had already undergone a period of 18 months in judicial custody as an undertrial, Raj Singh had undergone 15 months in judicial custody.

"Given the fact that the Trial may take a long time to commence and conclude, especially in the face of the current pandemic, this Court believes that the further judicial custody of the Petitioner(s) will serve no useful purpose," the Court said.

FIR 64/2020 was registered on the complaint given by one Abdul Nadir stating that when he came out of his house at 6:30 PM during the riots in order to offer his prayers at the Mosque, he saw a group of 25-30 CAA protestors, armed with sticks, stones and bricks, iron rods and started vandalizing properties. He alleged that since the atmosphere got very tense, he took his family and escaped to a safety house in Khajuri. He also stated that on returning back he saw his house was burnt down and his belongings were been stolen.

Similar allegations were made in FIR 65/2020 which was registered on the complaint given by one Mohd. stating that his house had been burnt down and articles from his house had been stolen.

FIR 66/2020 was registered on the complaint of one Mohd. Israeel stating that he was in his house where he heard a loud noise and went to his rooftop where he saw a group of 30-35 persons armed with dandas, lathis, stones and iron rods. It was stated that the group was chanting slogans and attacking people, shops and properties with stones and dandas. He alleged that his house was also completely burned and the shops, houses and car of his neighbors were also torched.

FIR 67/2020 was registered on the complaint of one Mehboob Hasan stating that his house was burnt by the mob and his possessions were stolen. He alleged that his neighbors' namely Irdish Khan, Nassem and Ajum's houses which had been taken on rent by them were also set to fire.

Recently, the Judge also granted bail to two men accused in the murder case of 85 year old woman, Akbari who died of asphyxiation due to inhaling smoke during the riots after her house was set on fire by a riotous mob. However, the Court denied bail to one in the case.

Delhi Riots: High Court Grants Bail To Two Accused Of Killing 85 Yrs Old Woman, One Denied Relief

Previously, while granting bail to 6 accused persons in a riots case, the Court had observed "It is the Constitutional duty of the Court to ensure that there is no arbitrary deprivation of personal liberty in the face of excess of State power."

Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case

Title: DEEPAK @ DEEPAK KUMAR v. State

Citation: 2022 LiveLaw (Del) 89

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