On Wednesday, the Delhi High Court dismissed relief in the bail plea filed by Delhi riots accused Shahrukh Pathan.
Providing no relief to accused Sharukh, the Court however allowed him to withdraw his bail application and at the same time didn't pass any order on the merits of his bail plea
During the hearing, Learned Counsel of Sharukh submitted that the accused has no criminal antecedents, the challan has already been filed, and there's no evidence of anyone getting injured by his alleged acts.
He further pointed that there has been an inordinate delay in the filing of the FIR.
Continuing his arguements, he sought bail on humanitarian grounds and submitted that the parents of the accused are bed ridden due to ill health and there's no one who can take care of them except him. He cited Delhi HC's order in another Riot accused Safoora Zargar's matter where she was granted bail on humanitarian grounds.
He also mentioned that there are discrepancies in the statements given by the concerned Police Officer.
He then went on to argue that the accused was provoked to participate in the agitation and he hasn't participated in any other incident concerning the riots.
To this, the state submitted that the CCTV footage submitted on record clearly shows the accused brandishing the gun at the police officer and that the video was provided to them by a Senior Reporter of 'The Hindu' who also has been examined under section 161 of the CrPC.
The state further submitted that the weapon used for the crime belongs to the accused and the same has been recovered from the car which the accused used for fleeing from the scene of occurrence.
Shahrukh Pathan has been charged with under Sections 147, 148, 149, 283, 186, 188, 353, 332, 323, 307,505, 120B, 34 of the Indian Penal Code, Section 27 of Arms Act, and Sections 3 and 4 of PDPP Act.
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