The High Court Of Delhi on 27/11/2020 granted bail to a man accused in the North-East Delhi riots while stating that his call detail records neither matches nor he is seen in the CCTV to corroborate with the place of incident. (SHAHRUKH @ RINKU v. STATE)
The present petition was filed by the petitioner under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of bail in case FIR for the offences punishable under Sections 147/ 148/ 149/ 302/ 120-B/ 34 IPC and Section 3 of PDPP Act, registered at PS Jyoti Nagar.
The learned SPP opposed the present petition by stating that Information was received that petitioner who was involved in riots at Kardam Puri area in which Deepak was killed and is presently lodged at Mandoli Jail in another case of rioting.
On 03.04.2020, the petitioner was interrogated at Mandoli Jail and formally arrested in this case. During the investigation, it was established that the petitioner was a part of the riotous mob which has caused the death of the deceased Deepak. Petitioner has been identified by the eyewitness Sunil during the TIP proceedings, Sunil has also seen the petitioner inflicting injuries to the deceased.
It is further submitted that the other three co-accused persons have already been on bail but that was before the TIP proceeding conducted wherein Sunil had identified the petitioner.
The Court noted "It is not in dispute that accused Anwar Hussain, Kasim and Khalid
Ansari have been released on bail and as per the charge-sheet, the role of the said accused persons is graver than the petitioner herein. The statement of Sunil was recorded on 25.02.2020 and statement of other witnesses who claimed to be eye-witnesses were recorded on 12.03.2020 whereas incident took place on 25.02.2020. The other co-accused mentioned above who are on bail they are seen in CCTV footage and their CDR also matched with each other whereas in the case of petitioner neither his CDR matches nor is he seen in the CCTV."
The bench comprising of Justice Suresh Kumar Kait granted bail to the accused.
Read Order @Latestlaws.com
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