Delhi riots: HC grants bail to man accused of arson
New Delhi: The Delhi high court has granted bail to a man, accused of rioting and arson during the communal riots in north east Delhi in February, saying that there is no CCTV footage or any electronic evidence that establishes the presence of the accused at the spot.
Justice Suresh Kait granted bail to Irshad Ahmad at a bail bond of Rs 25,000.
It said that even though in one photograph, the presence of the accused is shown at the house of the co-accused, however, it is not in dispute that charge sheet has already been filed and the accused has been released on bail in two other FIRs registered in connection to the riots in Dayalpur, in north east Delhi.
Riots had broken out in February in several pockets of north east Delhi, in which 53 were killed and over 400 others were injured.
“Keeping in view the aforesaid fact and the fact that presence of the petitioner is not established through CCTV footages/at the spot, however, without commenting on the merits of the prosecution case, I am of the view that the petitioner (Irshad Ahmad) deserves bail,” the court said in its order dated December 3.
Opposing the bail plea, the police had contended that the eye witnesses constable Vikrant and Mohd. Zahid had named the accused in their statement that he was present at the time of looting the shop in question.
The special public prosecutor for the police had also said that the mobile phone location of the accused stated that he was present at the spot while also adding that all the other co-accused in the present case are in judicial custody. He submitted that there are 100 persons seen in the CCTV footage, however, it is difficult to identify the petitioner in the said CCTV footage.
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