Delhi Court grants bail to Gulfisha Fatima in Delhi riots cases concerning violence at Jafrabad

Bail was granted by Judge Amitabh Rawat, Additional Sessions Court, Karkardooma on a personal bond of Rs 30,000 with one surety to the like amount.
Delhi Court grants bail to Gulfisha Fatima in Delhi riots cases concerning violence at Jafrabad
Delhi Riots

A Delhi Court has granted bail to student activist Gulfisha Fatima in the Delhi riots cases concerning violence at Jafrabad. (State vs Gulfisha Fatima)

Bail was granted by Judge Amitabh Rawat, Additional Sessions Court, Karkardooma on a personal bond of Rs 30,000 with one surety to the like amount.

Gulfisha has been in custody in the connection with the case under Sections 147/148/149/186/283/302/307/332/323/353/427/109/188/120B/34 IPC read with Section 25/27 Arms Act & Section 3/4 PDPP Act since June 2020.

Seeking bail in the matter, counsel for Gulfisha contended that It was submitted that the allegations and the case against her was unsubstantiated and vague.

It was also said that two co-accused, Pinjra Tod activists - Devangana and Natasha, had already been granted bail in the matter.

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The Prosecutor opposed the bail stating that there were malafide violent protest against CAA, NRC & NPR by an organized mob and Gulfisha, in pursuance of a conspiracy, blocked the main Jafrabad Road under Metro Station Jafrabad on February 22, 2020, along with her associates.

It was added that Gulfisha regularly instigated the local protesters and rioters against CAA & NRC and also instigated them to be violent and use stone, lathi, fire arm on police.

The Court was informed there were statements of eyewitnesses, video record against her and that she was also an accused in the UAPA case concerning the conspiracy to cause rioting.

The Court noted that the case was at the stage of bail and not acquittal or conviction.

Further, there was nothing shown to suggest that Gulfisha was a flight risk or that the witnesses were under threat.

Delhi Police's reliance on the fact that Gulfisha was an accused in the UAPA case was also rejected by the Court as it said,

"It is indeed true that applicant is also an accused in the larger conspiracy case bearing FIR No. 59/20. However, the said case is under Unlawful Activities (Prevention) Act and being investigated separately. The present application under consideration is for bail in the present case and not in FIR No. 59/20. As far as FIR No. 59/20 is concerned, we will cross the bridge when we come to it."

The Court thus ordered,

Considering the period of the custody of the applicant/accused in the present case, the ground of parity as regards coaccused Devangana Kalita and Natasha Narwal and in the totality of the facts and circumstances of the case, the present bail application under Section 439 Cr.P.C of applicant/accused is allowed and applicant Gulfisha Fatima @ Gul is admitted to bail

Advocate Mehmood Pracha appeared for Gulfisha.

SPP Rajeev Krishan Sharma appeared for Delhi Police.

Read the order:

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Gulfisha Fatima bail- 2020-11-21T174451.958.pdf
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