Four accused in Delhi riots case released on bail; court points to failure of eyewitness-police constable to make DD entry or call PCR van

THE Delhi High Court Tuesday granted bail to four accused in the Delhi riots case.

All the four accused – Liyakat Ali, Arshad Qayyum, Gulfam and Irshad Ahmad – were accused of being part of a large mob present on the roof of AAP Councilor Tahir Hussain that allegedly pelted stones and petrol bombs at passers-by.

They had been charged-sheeted for offences under Sections 109/114/147/148/149/ 153A/323/392/395/ 427/436/ 454/505/120B/34 IPC and Sections 25/27 of Arms Act.

A single-judge bench of Justice Suresh Kait said the alleged incident took place on February 24, 2020, but the FIR was registered on February 27, 2020.

Justice Kait added he failed to understand why an eye-witness who happened to be a police constable despite having a good understanding of law and order, had not called a PCR van nor made a DD entry in this regard.

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Besides, the court observed, the call detail record of the prime accused Tahir Hussain did not match with those of petitioners.

It also took note of the lack of any evidence against the petitioners such like CCTV footage, video clip or photos to connect them with the incident in question; nothing incriminating had also been recovered from their possession.

Taking note of the fact that the charge-sheet had already been filed and the trial was in progress, it directed that the accused persons could not be allowed to languish behind bars for longer since the veracity of the allegations levelled against them could be tested during trial.

It, thus, ordered the release of the accused on bail forthwith upon their furnishing of personal bond of Rs.20,000/- each, with one surety each in the like amount.

The court warned the accused person not to directly or indirectly influence witnesses or tamper with the evidence and ordered them to appear before the court as and when directed.

Read the Order