"No prima facie material:" Delhi High Court grants bail to three accused in Delhi riots case

The Delhi High Court, on Friday, granted bail to thee men arrested on the accusations of murder and rioting in connection with the February 2020 Delhi Riots case [Shabir Ali & Ors. Vs. State NCT of Delhi.]. .The three men, Shabir Ali, Mehtab and Rais Ahmed, were said to be a part of a stone-pelting mob and accused of causing the death of Vinod Kumar and injuring his son during the North-east Delhi violence in February last year. .A Bench of Justice Mukta Gupta opined that prima facie, no material was available with the prosecution, whether as statements of the eye witnesses or video clips on mobile phones, to show that the three were part of the mob which indulged in unlawful activity. .After examining the CCTV footage of Akhadewali Gali, on which the prosecution had based its entire case, as well as other evidence, the Court noted that the actual violence and murder of the deceased was at Brahmpuri Gali, of which no CCTV was available. .It was only after the incident that the mob had collected at the nearby Akhadewali Gali. .The Court accordingly held, "Keeping in view the fact that the petitioners even though were present as members of a mob at gali No.1 Akhadewali gali after 11.00 PM when some members of this mob were armed with Sarias, dandas, stones, swords, knives etc., however there is no material even prima facie on record to show that the petitioners were members of mob that was present at Gali No.1 Brahmpuri at around 10.30 P.M. which mob indulged in pelting stones causing injuries to Nitin and death of Vinod Kumar, this Court deems it fit to grant bail to the petitioners.".Bail was granted subject to the three accused furnishing a personal bond in the sum of Rs 25,000 each with one surety bond of the like amount. .The three men had been arrested on account of the testimonies given by two constables, Deepak and Rajeev. In July 2020, the two constables had come forward and identified the people seen in the CCTV footage of Akhadewali Gali on the night of February 24, 2020. .Rais, Mehtab and Shabir had been identified as members of the violent mob that killed Vinod Kumar and a case was made out against them..Counsel for Shabir Ali apprised the court that the person being implicated in the CCTV footage as Shabir was not even identifiable and was completely unarmed. .Counsel for Rais and Mehtab also concurred that just because their clients had gathered in a crowd that appeared subsequent to the violence and commotion in their vicinity on the night of the riots would not be sufficient evidence to hold them liable for murder. .[Delhi Riots] "No CCTV footage; no recovery of weapon:" Two persons accused in murder of 25-year-old granted bail by Delhi High Court