New Delhi: The Delhi High Court has granted bail to three men, accused of murdering a person and injuring his son while being part of an unlawful assembly that indulged in stone-pelting during the communal violence in north-east Delhi last year.
The high court directed that accused Shabir Ali, Mehtab and Rais Ahmed be released on bail on furnishing of a personal bond of Rs 25,000 each along with a surety of the like amount.
Justice Mukta Gupta said the issue in these bail applications is whether the petitioners accused were part of the unlawful assembly which in order to fulfill its object caused injuries to Nitin Kumar and the death of his father Vinod Kumar in Brahmpuri.
The court said the subsequent forming of an unlawful assembly at a different place, that is, gali no.1 Akhadewali gali will not implicate the petitioners as members of an unlawful assembly for causing the offences at gali no.1 Brahmpuri gali.
Keeping in view the fact that the petitioners even though were present as members of a mob at gali no.1 Akhadewali gali after 11 PM when some members of this mob were armed with sarias, dandas, stones, swords, knives etc., however, there is no material even prima facie on record to show that the petitioners were members of the mob that was present at Gali no.1 Brahmpuri at around 10.30 PM which indulged in pelting stones causing injuries to Nitin and death of Vinod Kumar, this court deems it fit to grant bail to the petitioners, the court said.
Advocate Pritish Sabharwal, representing Shabir Ali, submitted that even as per the prosecution, Ali was seen for just two seconds coming out of the gali wearing vest and was admittedly not armed with any weapon and even the face of the person in vest was not clear to be that of this accused.
The prosecutor said that CCTV cameras installed in front of an ATM were not working and footage could not be collected.