Delhi High Court Rejects Fourth Bail Plea Of Man Accused Of Pelting Stones At Police During Northeast Delhi Riots

The Delhi High Court has rejected the fourth bail plea of a man accused of assaulting and pelting stones at police personnel during the 2020 North-East Delhi riots.

Justice Poonam A. Bamba denied bail to one Sadiq alias Sahil who was arrested on April 14, 2020. His first bail plea was dismissed as withdrawn in September 2020. Thereafter, he was denied bail by High Court and trial court on September 14, 2021 and February 9, 2022 respectively.

The FIR was registered on February 25, 2020 on the basis of a complaint made by a constable alleging that a violent mob started pelting stones on the policemen on duty, thereby injuring more than 50 police personnel and death of Head Constable Ratan Lal.

The constable also alleged that the mob burnt government and private vehicles and "started selectively targeting properties of a particular community."

The FIR was registered under 186, 353, 332, 333, 323, 109, 144, 147, 148, 149, 153A, 188, 336, 427, 307, 308, 397, 412, 302, 201, 120B and 34 of Indian Penal Code, 1860 read with sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and sections 25, 27, 54 and 59 of the Arms Act, 1959.

It was the prosecution's case that Sadiq was seen in three video clips as pelting stones and carrying stick in the other hand, and was also duly identified along with other accused persons.

It was Sadiq's case that he was not named in the initial complaint and that there was no evidence on record to connect him to the alleged incident beyond any reasonable doubt.

He also sought parity with co-accused persons, Adil, Mansoor, Arif and Tabassum, adding that there was a change in circumstance that the matter was now listed for arguments on charge before trial court. However, the prosecution submitted that the role of Sadiq was very different from Adil. 

As the prosecution drew court's attention to the photographs and videos wherein Sadiq was seen with co-accused Imran Ansari, the court noted that the petitioner accused was "seen holding danda in one hand and pelting stones at the police personnel with his other hand."

"Considering the above facts and circumstances in entirety, the petitioner has failed to make out any case for bail much less on the ground of change in circumstances," the court said while dismissing the plea.

Title: SADIQ ALIAS SAHIL v. STATE OF NCT DELHI

Citation: 2022 LiveLaw (Del) 1166

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