Delhi riots: Bail plea of murder accused under humanitarian grounds dismissed

New delhi: Noting that the testimony of the victim's son "cannot be ignored or discarded at this stage of the trial", a Delhi Court on Tuesday denied bail to a person accused in the alleged murder of a 48-year-old man during the north-east Delhi riots earlier this year.

Additional Sessions Judge Amitabh Rawat in his order stated, "…one the witness Sahil Parvez has given the statement regarding the incident, the role of the accused persons including the present accused and the offences committed by them, even if there are inconsistencies or discrepancies, even then the statements attributing the role of the applicant and his identification in the rioting resulting in the death of his father cannot be negated at this stage, when bail is being considered."

"At this stage of bail, sifting of the entire statement of the witnesses cannot be made and mini-trial cannot be held," the court further observed.

The case pertains to the alleged death of one Parvez as a result of gunshot injury in Jafrabad, purportedly by one Sushil Kumar. 15 other persons, including the present applicant, have also been identified as co-accused in the case for being part of the mob which was involved in alleged rioting when the murder took place.

The accused, Rajpal Singh, through Advocate Aditya Aggarwal, had sought bail on humanitarian grounds in order to take care of his wife who is allegedly suffering from a kidney and liver problem and his two daughters.

While noting that the counsel for the accused has not sought to argue on the merits of the case, ASJ Rawat said, "the court has gone through the reply and the chargesheet and found that there is material against the applicant/accused."

"…there is a detailed statement of Sahil Parvez i.e., the son of the deceased and an eye-witness recorded on April 3, where he states that the atmosphere on February 24/25 was very charged between the groups favoring and opposing CAA and that on February 25, Sushil who was leading the protest in favor of the CAA along with other co-accused persons…they were firing and involved in rioting," the court noted.

ASJ Rawat, while noting that the "evidentiary value" of the Sahil's statement "will be determined at the stage of the trial only and not at this stage, said, "There is testimony of Sahil Parvez which inculpates the accused in offence of rioting and murder of his father and which cannot be ignored or discarded."