Bail for accused as court says no evidence, cop's statement inconsistent

new delhi: A Delhi court granted an accused bail in a case related to the north-east Delhi riots, where a Delhi Police constable was shot in the leg, purportedly by rioters. Significantly, the court said that police had no direct evidence against the accused and noted that the medical report and the constable's statement about his gunshot wound were inconsistent.

Additional Sessions Judge Vinod Yadav granted the relief to Imran on furnishing a bail bond of Rs 20,000 with one surety of like amount in the case related to gunshot injuries received by Constable Deepak during the riots in Dayalpur area.

The court said in its order passed on September 1, that there was no CCTV footage available where the accused was seen to be a member of the riotous mob and the police had failed to prove his call detail record (CDR) location at the scene of the incident.

It further noted that a perusal of the examination report of Deepak in the chargesheet revealed that he was medically treated for the gunshot injuries suffered by him on his left leg, whereas in the FIR, he had stated that he suffered gunshot injuries on his right leg.

It also said the important fact which was noteworthy was that Imran was not arrested from the scene of the crime, instead, "he has been arrested in the case merely on the basis of his disclosure statement made by him in another case related to riots in Bhajanpura area".

The court, however, clarified that anything stated in the order should not be construed as expressing any opinion on the final merits of the case, as it was at "pre-cognizance

stage".

The court also noted that the only purported evidence that the Delhi Police had submitted against Imran was that Constable Deepak, the victim, had identified him. Significantly, the court held that in the absence of any technical evidence against the accused, the policeman's identification of Imran was inconsequential.