Delhi Riots: Bail denied as accused carrying palta in aggressive posture

The court held that the accused was part of an unlawful assembly and material against him does not make a case for bail

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A Delhi Sessions Court denied bail to an accused in Delhi riots charged for rioting, basis CCTV footage showing him holding a palta (spatula) and having an aggressive posture. Additional Sessions Judge Amitabh Rawat stated that the accused, Shoaib, was part of an unlawful assembly and considering the gravity of offence, no case for bail was made out.

The accused had applied for regular bail under section 439 of CrPC and his previous bail applications have been denied 3 times in the past, since August 2020. The other co-accused in the case have already been granted bail by another court and the applicant sought bail on grounds of parity. The chargesheet has also been filed in the case

The counsel for the accused, AA Khan argued that he was not named in the FIR neither was any identification parade carried out. Further, he was not shouting any religious slogans and he was seen in the CCTV footage holding a palta (spatula) that he used to make Biryani at his biryani stall.

The prosecution argued that the accused was shouting and pelting stones on the other group and was also identified by complainant ASI Dharambir on the spot who was present at the spot. It was further submitted that as per Section 149 of the Indian Penal Code, every member of unlawful assembly is guilty of offence committed by every member of unlawful assembly in prosecution of common object.

The court observed that the accused was part of the unlawful assembly which was gathered at the spot of the incident, and committed rioting defying the instructions of the police officials, causing injuries by danda and firing upon police officials and other public persons. The court further observed that the accused is clearly visible in the footage with an aggressive posture and shouting and carrying palta in his hands. The court held that bail applications of those accused seen with an aggressive posture and rioting, have been dismissed.

The court held that every member of unlawful assembly is deemed to be guilty of offence committed by every member of that assembly in prosecution of the common object of that assembly. The court denied bail considering the gravity of the offence and the material available against him.

The complete order may be read here.



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