Delhi Riots- HC Dismisses Bail Plea Of Man Accused In Looting Case
The Delhi High Court has dismissed the bail plea of man involved in the North East Delhi riots case where associates of one Tahir Hussain had allegedly looted a godown.
“Considering the fact that the eye witnesses have given account of the specific role played by the present applicant and the fact that threats are being extended in this case to the witnesses, this Court does not find it a fit case for grant of bail, at this stage, when the witnesses are yet to be examined before the Trial Court.”, Justice Swarana Kanta Sharma noted while dismissing the bail plea.
In this case FIR was lodged pursuant to a complaint whereby it was alleged that around 40-50 associates of one Tahir Hussain had looted a godown. It has been alleged that during the incident, valuable property of the complainant had been stolen. It is alleged that during further investigation, photographs of various persons/suspects/ accused had been shown in riots related cases to various public persons including eye witnesses of the incident who had specifically identified the accused(s) including the present applicant.
Senior counsel for the applicant-accused stated that the prosecution has filed the chargesheet with respect to the applicant without there being any evidence admissible in law. It was also argued that the process adopted by the police regarding identification of the applicant is flawed.
Senior Advocate Rebecca John appeared for the accused whereas Rajat Nair, SPP, appeared for the State.
The Court observed that eye witnesses of the incident specifically stated that the applicant-accused was involved in the present incident and that he had instigated the mob on communal lines. The Court also noted that threats are being extended in this case to the witnesses and that after threat assessment of threat to the witness, the concerned authorities have provided protection to witness, for threat being real.
Thus the Court dismissed the bail plea.
Cause Title- Shoaib Alam v. State of NCT of Delhi (Neutral Citation Number- 2023/DHC/001496)
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