Image Courtesy:mangalorean.com
The Delhi High Court granted bail to an accused named Saiyad Iftikhar who has been in judicial custody since April in connection with the north-east Delhi riots case. The single judge bench of Justice Suresh Kumar Kait observed that a weak-sighted Iftikhar was found to be not wearing any spectacles in the CCTV footage, on basis of which he was arrested in the first place.
Iftikhar has been charged under sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 436 (Mischief by fire or explosive substance) and 380 (Theft in dwelling house) of the Indian Penal Code.
While referring to the CCTV footage, the court observed, “It is not in dispute that petitioner’s eye sight is weak (-3.75) and when he was arrested, he was wearing spectacles. However, petitioner was arrested on the basis of CCTV footage along with co accused Ali Hasan but admitted fact is that in CCTV footage petitioner is not wearing spectacles.” The court said that the incident happened at night and “it cannot be believed that a person having such weak eye sight would have clear vision at night without spectacles”.
The court also stated that call data records have not been submitted by the police to establish that the petitioner was available at the site during the incident. The court also considered that Iftikhar has been in custody for 7 months and hence, deserves bail.
He was thus granted bail with the condition of furnishing personal bond of Rs. 15,000 and surety of like amount while directing that the petitioner shall not influence witness or tamper with evidence.
The complete order may be read here.
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