New Delhi: The Delhi High Court has granted bail to one of the accused in a case relating to the riots that broke out in the national capital earlier this year, after observing that the forensic report “did not support the prosecution case”.
“Keeping in view the result of the FSL report which does not support the prosecution case and the result of DVRs, it is not established that petitioner was present on the spot at the time when the incident took place in the present case,” said a single judge bench of the high court presided over by Justice Suresh Kumar Kait.
“I am of the view that the petitioner deserves bail. Accordingly, he shall be released on bail forthwith on his furnishing a personal bond of Rs 25,000 and a surety of the like amount to the satisfaction of the Trial Court,” the court said.
The court was hearing the bail application filed by one Yogesh in a case registered against him at the Karawal Nagar police station for offences punishable under sections 147, 148, 149, 302, 153A, 436, 505, 34, and 120B of the Indian Penal Code (IPC).
As per the result of the FSL report, three bullets recovered from the body of the deceased were not fired from the country made pistol recovered from the said accused person.
The report said: “It was found that in the night of 24/25.2.2020, lot of persons of all age group were roaming here and there in groups on 33 Futa Road, Shiv Vihar. Mostly persons were carrying lathi/danda in their hands and some were wearing caps and helmets, etc. on their heads. Doors of the houses near the spot were seen as closed.
“It was observed that angle of such camera of Ch. no.1 was changed to wrong side at about 08.54.51 hrs and camera of Ch. no. 2 was changed to wrong side at about 08.54.12 hrs to avoid the capture in the CCTV footage. DVR no.2 covered mostly the area of counter and nearby portion,” the FSL report said.
After seeing the results of the FSL report, the bench granted bail to the petitioner while also directing him that he shall not directly or indirectly influence any witness or tamper with the evidence.
“The Trial Court shall not get influenced by the observation made by this Court while passing the order… The petition is, accordingly, allowed and disposed of,” the court concluded.
The prosecution informed the court that the deceased Aftab’s body was recovered from a drain in a highly decomposed state on March 1. The post mortem report states that deceased was having two bullet injuries and 17 lacerated wounds on his body, thus he was killed in a brutal manner following which a case was registered, the prosecution said.
Special Public Prosecutor (SPP) Manoj Chaudhary said witnesses Mohd Firoz and Fahim were shown photographs of various suspects and they have clearly identified Yogesh (petitioner), Lakhpat and Kuldeep in their statement recorded under Section 161 CrPC.
“…the three accused persons were leading a mob and were shouting anti-Muslim slogans. Deceased was initially beaten with rod and sticks by a violent mob and then three bullets were fired at him on 25.02.2020. His house and factory where he worked were also set on fire,” the SPP said.
