Delhi violence: HC grants bail to accused in case of rioting and arson
The Delhi High Court has granted bail to an accused who was allegedly involved in the case of rioting and arson during the north east Delhi violence in Februrary this year.
Justice Anup Jairam Bhambhani granted the relief to Mohd Anwar on furnishing a personal bond of Rs 50,000 with two sureties of the like amount from blood-relatives.
The high court directed him not to leave the National Capital Region (NCR) without permission of the trial court and shall ordinarily reside in his place of residence as per prison records.
“Another aspect which deserves attention is the effect that pre-trial detention has on an accused, especially on his right to brief and consult his lawyers and to prepare his defence, in order to afford to the accused a real and not merely chimerical right to fair trial, as guaranteed under Article 21 of the Constitution,” the judge said.
The high court said till the time cognisance is taken on the charge sheet and the accused is summoned by the trial court, he shall present himself on every alternate Saturday before the investigating officer of the case.
He shall not contact or visit or offer any inducement, threat or promise to the first informant or complainant or any of the prosecution witnesses and shall not tamper with evidence or indulge in any act that would prejudice the proceedings in the pending matter.
According to the plea, he was taken into custody on April 3 in connection with another FIR lodged at Dayalpur police station in north east Delhi for alleged offences of rioting and mischief by fire or explosive substance with an intent to destroy a house under the IPC. Subsequently, he was arrested in this case. Besides this case, he is also accused in four other FIRs lodged by the Dayalpur police in relation to the Delhi riots in February this year. He was granted bail in two of the four cases.
As per the complainant, the incident took place on February 14, when a mob was engaged in rioting and destruction of property in certain areas of north-east Delhi.
During the rioting, the shop of one Mohd Shanawaz in Shiv Vihar area was burnt down and he filed a complaint with the police on March 4, around 10 days after the incident.
As per the nominal roll placed by the authorities before the court, Anwar’s jail conduct was satisfactory in the last three months.
The high court, in its order, noted that the investigation in the present FIR is complete and the charge sheet has already been filed on July 1.
It noted that co-accused Firoz Khan has already been granted by the high court on May 29.
The prosecution alleged that Anwar was one of the persons involved in arson and rioting, for which he was arrested and has been kept in judicial custody ever since.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.