Delhi Riots: Delhi High Court denies bail to student accused of carrying sword, killing Muslims

The Delhi High Court last week denied bail to a student who was accused of being part of a mob that killed four Muslim men during the Delhi riots [Ajay @ Monu v State of NCT of Delhi].

. While denying bail, Justice Subramonium Prasad observed that the bail jurisprudence attempts to bridge the gap between personal liberty of an accused and ensuring that the social security remains intact.

“It is the intricate balance between securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbance of public order. Therefore, a duty resides in this Court to be conscious of whether granting of bail can lead to a possible impediment in the conducting of investigation that can cause inevitable rupture in public order,” Justice Prasad said in his judgment.

. The man named Ajay alias Monu was also identified in the CCTV footage as carrying a sword and causing injuries to people leading to death of at least two people.

The court was informed he has been named in three different FIRs registered at Police Station Dayalpur and charged with Section 147, 148, 149, 302, 120B, 34 of the Indian Penal Code.

. Ajay’s counsel argued that he has been falsely implicated in the FIRs which are malafide and concocted and police have not investigated the case properly as the entire case was based on the statements of just one witness.

Special Public Prosecutor (SPP) Manoj Chaudhary, appearing for the State, said that the man had confessed in February 2020 that his religious sentiments were hurt by slogans raised by Muslim community against Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) which led to him joining the mob. He started pelting stones and retrieved a sword and indulged in the riots, it was contended.

The Court was further informed that there is only one public witness who identified Ajay carrying the sword who is yet to be examined. Since that witness also belongs to Hindu community and resides in the same locality as accused, there is a possibility that he will be threatened and influenced.

It was told that the witness will be examined on January 20.

. Justice Prasad, therefore, directed the trial court to examine the said witness preferably on a day-to-day basis and conclude the examination in a month. The Court also granted the accused liberty to approach the court again for bail once the examination of public witness is complete.

. While the State was represented by Special Public Prosecutor, Sonu was represented by Advocates Rajeev Kumar Tiwari and Vimal Tiwari.

. [Read Judgment]

Delhi Riots: Delhi High Court denies bail to student accused of carrying sword, killing Muslims

Prashant Jha

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