Justice Suresh Kumar Kait of the Delhi High Court granted bail to Rashid, a petitioner/accused in the North East Delhi violence last year who has been in jail since April, 2020.
The court observed that the CDR location of the petitioner does not establish his presence at the incident site and that he was in the vicinity of the incident site “for he resides in Shakti Vihar which is close to the incident site and his possibility is there being an Auto Rickshaw Puller”.
The Single-judge Bench also held that the key witness’ statement was unreliable and another statement provided by one Himanshu was recorded on March 11, almost two weeks after the communal clashes broke out.
The prosecution had alleged that on February 26, 2020, a PCR call vide DD No.17A regarding stone pelting near Kabir Builder, Gall No. 11, Bhagirathi Vihar, Delhi was received at the police station of Gokul Puri. On spot, it was found that a mob had burnt a building of Anil Sweet situated at Brijpuri Road, Delhi.
The building was in a “burnt condition” and on the second floor, one body without hands and legs was found in the debris who was identified as Dilbar Singh Negi. He used to work as a waiter in Anil Sweet Corner. Accordingly, the present FIR was registered.
According to the statements of the other eye-witness, further investigation of the CCTV footage and mobile locations, a total 12 accused persons were arrested in the present case including Rashid. It was alleged that riots had taken place on the main Brijpuri Road where Rashid was a part of a mob that pelted stones, chanted anti-Hindu slogans, ransacked and torched many shops.
But the court held that Rashid deserved bail based on the unreliability of the eye witnesses and CDR that did not indicate his presence at the main road of Brijpuri.
The order may be read here:
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