The Delhi HC has granted bail to three men, accused of murdering a person and injuring his son during the communal violence in north east Delhi last year.
The Delhi High Court has granted bail to three men, accused of killing a man and injuring his son while part of an illegal assembly that was stoned to death during a civil war in northeastern Delhi last year.
The High Court ordered the release of Shabir Ali, Mehtab and President Ahmed on bail of Rs 25,000 each and a guarantee of the same amount.
Justice Mukta Gupta said the issue in the bail applications was whether the accused applicants were part of an illegal meeting which resulted in injuries to Nitin Kumar and the death of his father Vinod Kumar in Brahmpuri gali northeast of Delhi in February 2020.
The court ruled that the reconstruction of the illegal assembly in a separate area, i.e., gali no.1 Akhadewali gali will not place applicants as members of the illegal assembly by creating cases in gali no.1 Brahmpuri gali.
Keeping in mind the fact that the applicants even though they were present as members of the gali group no.1 They did not go to the gali after 11:00 when other members of the crowd were armed with sari, danda, stones, swords, knives etc. There is no record that the applicants were members of the existing Gali no.1 Brahmpuri group around 10.30pm who were throwing stones at Nitin's injuries and the death of Vinod Kumar, the court considered ready to grant the applicants bail, the court said.
Advocate Pritish Sabharwal, representing Shabir Ali, said that during the prosecution, Ali was seen only two seconds out of the garage wearing a vest and it could be admitted that he was unarmed with any weapon and the face of the man in the vest was not clear. to be the accused.
He also said Ali's personal records were completely related on the grounds that he lived in the same area and that his place would be on the same route and that no injured witness said Ali was part of a mob that injured two victims that led to the death of one of them in Gali no.1 Brahmpuri.
The attorney for both defendants also said that just because they and other Akhadewali gali people had gathered at the corner of the queue on February 24, 2020 on the night of the information released at the time, it cannot be said that the normal crowd of people who killed Vinod and injured Nitin in Brahmpuri.
The prosecutor argued that during the riots in the northeastern region of Delhi on the eve of February 23-24, last year, crowds gathered at various locations and each one supported and joined the others.
He said like Gali no.1, Brahmpuri and gali no.1, Akhadewali Gali are in the area and that is why people are moving / going from one route to another causing riots which resulted in injuries and deaths adding that CCTV cameras installed in front of the ATM were not working and videos could not be downloaded.
The court said at the moment, it would not like evidence to find out whether the members of the illegal meeting were curious observers or were holding a concert on the same subject.
There is nothing basic that prosecutors can find from eyewitness statements or cell phone video clips to show that the applicants were part of a mob that created illegal activity in Gali no.1, Brahmpuri which resulted in the injury of Nitin Kumar and the death of his father. The next gathering of the crowd elsewhere may be different and the applicants may be prosecuted in the same way and not with the usual stoning and injury of Nitin and his father, the court said.
Civil unrest erupted in northeastern Delhi on February 24, 2020 after violence between supporters of national law and uncontrolled protests left at least 53 people dead and at least 200 injured.
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