New Delhi: Noting that there is no evidence on record, video footage or otherwise, to connect the accused persons to the said incident of violence, the Delhi High Court on Tuesday granted bail to four men, including a 62-year-old, in connection with a case of alleged rioting and vandalism during the Northeast Delhi riots that broke out in February last year.
While granting bail to Liyakat Ali, Arshad Qayyum, Gulfam and Irshad Ahmad, Justice Suresh Kumar Kait noted that, "...there is no evidence against the petitioners such as CCTV footage, video clip or photo to connect the petitioners with the incident in question and nothing incriminating has been recovered from their possession".
Justice Kait added that the court is of the opinion that the petitioners "cannot be made to languish behind bars for a longer time and the veracity of the allegations levelled against them can be tested during trial".
The FIR in the matter pertains to an incident which occurred on February 24 last year in the Khajuri Khas area. According to the complainant of one Tejveer Singh, it was claimed that the marriage of his niece was fixed on February 25 and food was being prepared for the same on the first floor of the building Bharat Vatika, opposite Tahir Hussain's house.
A day before on February 24, a mob on the terrace of former AAP councillor Tahir Hussain's house were pelting stones and petrol bombs on passers by and a few of them allegedly broke open the shutter of the parking lot of Bharat Vatika and robbed the persons inside. Thereafter the mob burnt one of the parked vehicles, broke the motorcycle of the complainant and vandalised the building, Singh alleged in his complaint.
The court in its order observed that in the said FIR, none of the accused persons have been particularly named despite the complainant specifically stating that he can identify few of the rioters. "It is a matter of record that the alleged incident took place on February 24 but the FIR in question has been registered on February 27," Justice Kait said, adding that the testimony of eyewitnesses, namely Pradeep Verma, Surender Singh and Rajbir Singh Yadav, before police officials, i.e., under section 161 CrPC, has been recorded on March 14 and none of them made any PCR call nor any DD entry was made in the case.
"Similarly the statement of another eyewitness Constable Sangram was recorded on April 23 and this court fails to understand as to why despite having a good understanding of law and order, a police official who is witness to riots would neither call PCR, nor will make a DD entry in this regard," the court order read.
The court further noting that the call detail record (CDR) of prime accused Tahir Hussain does not match with those of the accused persons, granted bail to all four of them on furnishing a personal bond of Rs, 20,000 each with one surety of the like amount.