The Delhi High Court has granted bail to a Delhi-riots accused who is said to be an associate of Tahir Hussain. (Irshad Ahmed vs State).The order was passed by a Single Judge Bench of Justice Suresh Kait. .The bail applicant, Irshad Ahmed (Petitioner) was arrested in a riots FIR for the offences punishable under Sections 147/148/149/436/427/34 IPC and Sections 3/4 PDPP Act..The Additional Public Prosecutor opposed the petition by stating that on Februray 25, around 100 people were standing on the terrace of the house of the main accused, Tahir Hussain and throwing petrol bombs on the house of Hindu community. .As per the Prosecution, the Petitioner’s name was disclosed by Tahir Hussain and was his associate. As per an eye-witness' statement, the role and identification of the Petitioner was claimed to be confirmed. .Further, it was argued that the mobile phone location of the Petitioner had ascertained his presence at the spot..The Court observed that it was not in dispute that there was no electronic evidence such as CCTV footage or photos to implicate the Petitioner in the present case. .The Court further noted that as per the statement of two Police personnel, who claim to be eye witnesses, the Petitioner and other co-accused had been identified. .However, they did not make any complaint on the date of the incident and an FIR was lodged only on February 28, it added. ."Thus, the said witnesses seem to be planted one.",Delhi High Court opined. .Since chargesheet in the matter had already been filed and trial of the case was to take substantial time, the Court proceeded to grant bail to the Petitioner. .It said, ."..without commenting on the merits of the case, this Court is inclined to grant bail to the petitioner..The Trial Court shall not get influenced by the observation made by this Court while passing the order.".Accordingly, the Petitioner was released on bail on his furnishing a personal bond in the sum of Rs 25,000 and with one surety in the like amount to the satisfaction of the Trial Court/Duty Judge..Advocate Dinesh Tiwari appeared for Petitioner. .APP Manoj Chaudhary appeared for State..Read the Order:
The Delhi High Court has granted bail to a Delhi-riots accused who is said to be an associate of Tahir Hussain. (Irshad Ahmed vs State).The order was passed by a Single Judge Bench of Justice Suresh Kait. .The bail applicant, Irshad Ahmed (Petitioner) was arrested in a riots FIR for the offences punishable under Sections 147/148/149/436/427/34 IPC and Sections 3/4 PDPP Act..The Additional Public Prosecutor opposed the petition by stating that on Februray 25, around 100 people were standing on the terrace of the house of the main accused, Tahir Hussain and throwing petrol bombs on the house of Hindu community. .As per the Prosecution, the Petitioner’s name was disclosed by Tahir Hussain and was his associate. As per an eye-witness' statement, the role and identification of the Petitioner was claimed to be confirmed. .Further, it was argued that the mobile phone location of the Petitioner had ascertained his presence at the spot..The Court observed that it was not in dispute that there was no electronic evidence such as CCTV footage or photos to implicate the Petitioner in the present case. .The Court further noted that as per the statement of two Police personnel, who claim to be eye witnesses, the Petitioner and other co-accused had been identified. .However, they did not make any complaint on the date of the incident and an FIR was lodged only on February 28, it added. ."Thus, the said witnesses seem to be planted one.",Delhi High Court opined. .Since chargesheet in the matter had already been filed and trial of the case was to take substantial time, the Court proceeded to grant bail to the Petitioner. .It said, ."..without commenting on the merits of the case, this Court is inclined to grant bail to the petitioner..The Trial Court shall not get influenced by the observation made by this Court while passing the order.".Accordingly, the Petitioner was released on bail on his furnishing a personal bond in the sum of Rs 25,000 and with one surety in the like amount to the satisfaction of the Trial Court/Duty Judge..Advocate Dinesh Tiwari appeared for Petitioner. .APP Manoj Chaudhary appeared for State..Read the Order:
