Delhi violence: Minor granted bail by Delhi court  

In State vs Kazim (Bail App. No. 2275 of 2020), the Karkardooma Court has granted bail to a minor/accused in the Delhi riots case on general conditions of furnishing a bail bond of Rs.15,000 with one surety in the like amount before the Ld. MM/Link MM/Duty MM, to not tamper with evidence and not indulge in any criminal activity.

Additional Public Prosecutor Saleem Ahmad represented the State and Abdul Gaffar appeared for the accused.

The Additional Sessions Judge Amitabh Rawat noted, “Considering the period of custody and in totality of the facts and circumstances of the case, I allow the present bail application of accused Kazim.”

Background

The accused Kazim, a minor 17-year-old student has been charged for rioting, being a part of an unlawful assembly, attempt to murder, disobeying public servant’s orders under the Indian Penal Code. He has further been accused of using arms or ammunition under the Arms Act.

The case of the prosecution is that the Welcome Police Station in Jafrabad, Delhi received a PCR call pertaining to an admission in St. Stephens Hospital. The injured Sajid informed the Police that on February 25, 2020 some persons rushed to catch him when he reached near Kabir Nagar Pulia which compelled him to run to the other side, leaving his rickshaw at the same spot.

He felt something hit him and he became unconscious after which he was shifted to a private clinic where the Doctor told him that a bullet had hit him. Further, the prosecution submitted that the accused Kazim confessed about his involvement to the police officers at Welcome Police Station and was also identified by one Ct. Pushkar. Thereafter, he was arrested.

Court’s observation

The ASJ noted that the evidence placed on record was not sufficient to keep Kazim in custody. He said, “There is no public eye­witness who has attributed the role of the accused/applicant in the present case.”

“Apart from a disclosure statement, which by itself carries no meaning, there is one statement of Ct. Pushkar who identified the applicant/accused Kazim as one of the rioters in the said incident on February 25, 2020. However, the said statement by police personnel, given only on April 19, 2020, for the incident of February 25, is not a strong piece of evidence”, ruled the court.

Finally, the court granted bail to the 17-year-old, considering that he had been in jail since April 19, 2020 and that the two co accused had already been granted bail before.

The order may be read here: 

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