The Delhi high court has granted bail to one Mohd. Bilal, who had been in custody for over 14 months, after holding that the videography conducted by the Police to keep a watch on the people protesting does not show his presence at the scene of the crime. Bilal has been booked for murder, assault, being part of an unlawful assembly under the Indian Penal Code.
Justice Mukta Gupta said, “In the said video recording, the deceased Mudassir is seen standing with the mob, and is also seen falling down after receiving the projectile. However, in the video recording clip of 35 seconds which is focussing on the mob, the petitioner is not visible.”
The Police had alleged that on February 25, a mob of 100 to 150 people armed with iron rods, lathis, stones and firearms gathered in front of Shamshan Ghat, Kabir Nagar and started raising slogans against the government to protest against CAA, and NRC. The Police officials warned the members of unlawful assembly bringing to their notice that Section 144 of the Criminal Procedure Code has been promulgated in the area from February 24, but the mob indulged in arson, stone pelting and firing.
The prosecution further said that at about 1.40 P.M, one member of the rioting mob-Mudassir sustained bullet injuries and was later declared dead. They claimed that Mohd. Bilal was seen damaging the CCTV cameras on February 24 near the spot. The Police also relied on the statement of witness Babu Dule in relation to the dislocation of the cameras on the said day last year as also having witnessed the incident on February 25, and finally the statement of Constable Sunder who identified Bilal on the basis of CCTV footage.
Justice Gupta however held that Bilal was not visible in the video footage relied upon by the Delhi Police. She said, “One fails to understand that while the videography was going at the spot, why videography of only 35 seconds when Mudassir got injured was captured and it did not have any videography prior thereto or thereafter, for the reason the same would have captured all the people around the place of occurrence. Be that as it may, as noted above the videography conducted by the Police to keep a watch on the people protesting does not show the presence of the petitioner.”
Witness Babu Dule had alleged that Bilal was at the back of the wall towards the drain, and hence he was not visible in the footage. However, when the court wanted to know the location of Babu Dule’s house from the video footage, his house could not be seen. “It is claimed that the house of Babu Dule was in a side lane and thus the possibility of his being able to see the exact incident in a mob of hundreds of people from his residence is too remote”, said Justice Mukta.
Accordingly, Justice Mukta Gupta granted bail to Mohd. Bilal, who has been in jail since June 2020. He has been directed to furnish a personal bond in the sum of Rs. 50,000 with two surety bonds of the like amount.
The order may be read here:
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