Delhi Riots- Investigation In The Case Leaves A Lot To Be Desired: Delhi Court Grants Bail To Man In 2 Cases

The Additional Sessions Judge Amitabh Rawat was hearing the bail plea of an accused Ajay, against whom the case was registered on 28.02.2020 under Section 147/148/149/427 IPC at P.S. Jyoti Nagar.

Arguments put forth

It was submitted that he is 21 years old and is the sole bread earner of his family. He is a student of 11th class and also took classes of the children of his areas and has no other source of income.

It was also submitted that his father is a patient of epileptic double and heart patient.

It was argued that there is no other family members to look after the father of the accused and the mother of accused is also confined to bed for the last many years and she is totally unable to walk without any help

It was submitted that due to riots in Delhi on 25.02.2020, many FIRs were registered at different places and accused was falsely implicated because "the FIRs have shown different places and accused cannot be involved in these case at the same time."

It was also argued that he is in custody for more than 05 months. It was submitted that there is no evidence, no public witness and no CCTV footage against the accused.

Court's Order

The Court noted that the case against the Accused was registered on the complaint of complainant Gulfam, who stated that some unknown persons had burnt his. Thus, the Court noted that "complainant is not an eye witness to the incident."

Importantly, the Court noted that as per a witness statement, Ajay was arrested from near Neet Nagar, Railway Line bushes, but as per the arrest memo, the location of arrest is Jyoti Nagar Police Station.

The Court remarked,

"There is a statement of the witness Md. Aslam recorded on 18.04.2020, as per which, two accused persons namely Ajay and Gaurav were arrested at his instance whereas the look at the arrest memo of the said accused Ajay shows Md. Aslam as one of the witnesses but the place of arrest is not a public place but Police Station Jyoti Nagar itself. The investigation in the present case leaves a lot to be desired."

The Court also noted that witness statement was recorded on April 18 but the incident was from February 25.

Consequently, the bail application under Section 439 Cr.P.C of accused Ajay stood allowed and he was admitted to bail subject to furnishing personal bond in the sum of Rs. 20,000/­ with one local surety of the like amount to the satisfaction of Ld. MM/Link MM/Duty MM.