The Delhi High Court has granted bail to a man, who was arrested for being part of a mob and indulging in pelting stones during the north-east Delhi riots last year, saying that there is no direct evidence like CCTV footage.
Justice Suresh Kumar Kait also took account of the fact that the co-accused of petitioner have been granted bail in this case.
The crux of the prosecution case is that the FIR was registered at the instance of one Pappu, who has alleged that on February 25, 2020 at about 2.15 p.m., when his brother Babu reached Khajuri Khas, he was attacked by the mob and received grievous injuries. Thereafter, on February 27 he succumbed to injuries during treatment.
As per the chargesheet, during investigation, through some source in social media, one video of riots dated February 25, 2020 came on record which was shown to the complainant. In the video, a person could be seen lying on the ground, who was identified as deceased Babu by the complainant. The place of rioting was identified as Pusta Road, 40-50 meters away from Khajuri Khas, Delhi. In the course of investigation, it was revealed that one official witness, a constable, had also sustained injuries in the incident
Shabuddine was arrested on March 20 last year in connection with the case. The role attributed to him is that he conspired with the other members of the mob, committed riots on the alleged day and pelted stones on the other persons of the community. He has been duly identified by the police officers who were on duty on that day. Besides, there are statements of public eyewitnesses against him.
Shabuddine’s counsel argued that he was innocent. The counsel said that the statement of the official witness, who is allegedly the eyewitness of the incident, was recorded on March 12, 2020 and no PCR call of the incident was made by the said witness.
The counsel also submitted that statements of public witnesses were recorded in April 2020, after a lapse of around 40 days, and that no PCR call was made by them too regarding the alleged incident“According to the chargesheet, the role attributed to the petitioner [Shabuddine] is of being part of the mob and participating in the riots and indulging in pelting stones. How and in what matter the claim of prosecution that petitioner’s role is different than the other co-accused will be tested during trial,” the court noted.
“Chargesheet in this case has been filed. However, the charge is yet to be framed and trial will take substantial time,” the court said while granting bail to Shabuddine.
