On November 11, the Karkardooma Court granted bail to one Anwar Hussain allegedly involved in the communal clashes of February 2020 (State v Anwar Hussain- Bail App No. 1624 of 2020). The court directed him not to tamper with evidence or leave Delhi without its prior permission.
S. Hasan Zaidi appeared for the accused and Prosecutor Rajeev Krishan Sharma represented the State of Delhi. Taking into consideration the evidence submitted before the court, Additional Sessions Judge Amitabh Rawat said,
“In view of the video footage which does not pertain to the day of the incident, the period of incarceration and in the totality of the facts and circumstances of the case, accused Anwar Hussain is admitted on bail on furnishing of personal bond in the sum of Rs. 40,000/- with one local surety of the like amount to the satisfaction of Ld. MM/Link MM/Duty MM.”
The accused had an FIR registered against him on February 25, on the complaint of one Mohd. Imran, who claimed that on the day of the clash on February 24, he saw a crowd gathered near Kardam Puri Pulia. He further alleged that his younger brother fell near the Pulia and injured his leg by a bullet.
He was immediately taken to GTB Hospital, wherein the hospital administration, after examination, declared Furkan as dead. As per secret information received by the Police on March 12, the accused was arrested on charges of murder, gathering in an unlawful assembly, rioting under Indian Penal Code sections.
Court’s final order
The court observed that the prosecution had relied on a February 23 video footage where the accused is seen as a participant at Kardam Puri Pulia’s unlawful gathering but the violence only broke out on February 24. The court responded,
“The footage was seen and without going into the merits of the nature of the involvement of the accused in the said footage, it can be clearly stated that for whatever footage depicts of the incident of 23.02.2020 (February 23, 2020), by no stretch of criminal liability, can be accounted for the offence of riot and murder committed on 24.02.2020 (February 24, 2020). Thus, the video footage is not of the day of the incident of 24.02.2020 but of 23.02.2020.”
Further the ASJ added, “Clearly this is not incriminating clinching evidence of involvement of accused in riots of 24.02.2020 (February 24, 2020).”
Accordingly, he was granted bail and his application was disposed of.
The order may be read here:
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