HC grants bail, says accused not wearing specs in CCTV

New delhi: Noting that an accused had weak eyesight and seemed to appear in CCTV footage without his spectacles at night, the Delhi High Court has granted bail to Saiyad Iftikhar, arrested in a case related to the north-east Delhi riots this February. Justice Suresh Kumar Kait also noted that the police had placed no records of his CDR at the time of the alleged crime.

Iftikhar was accused of rioting and theft during the communal riots that killed at least 53, of whom nearly 40 were Muslims.

Justice Suresh Kumar Kait granted bail to Iftikhar, who was arrested by the Delhi Police on April 11, on furnishing a personal bond of Rs 15,000 and a surety of the like amount.

"Keeping in view the fact that petitioner is in judicial custody since April 11, therefore, I am of the view that the petitioner deserves bail," the judge said.

The high court noted in its order that it was not in dispute that Iftikhar's eyesight is weak, having a power of minus 3.75 and when he was arrested he was wearing spectacles.

The petitioner was arrested on the basis of CCTV footage along with co-accused Ali Hasan but the admitted fact is that in CCTV footage, Iftikhar is not wearing spectacles. "The alleged incident is dated February 24 at 21:31.50 hour. Thus, it cannot be believed that a person having such weak eye sight would have clear vision at night without spectacles. Moreover, CDR is not on record, whereby it could have been established that the petitioner was available at the site," the court said.

The high court directed him not to directly or indirectly influence any witness or tamper with the evidence. Iftikhar, represented through advocate Mehmood Pracha, sought bail in the case.

The police arrested Iftikhar for the alleged offences of rioting, theft and causing mischief by fire or explosive substance with an intent to destroy a house under the IPC. The case was lodged against him at Police Station Bhajanpura in North East Delhi.