Delhi riots: Court grants bail to 2 people

January 12, 2021 17:31

A Delhi court Tuesday granted bail to two persons in a case related to the north-east Delhi riots while casting doubts on the credibility of the two police witnesses in the matter.

Additional Sessions Judge Vinod Yadav granted the relief to Mohd Shoaib and Shahrukh on furnishing a bail bond of Rs 20,000 with surety of like amount in the case of alleged vandalism and torching of a shop by a riotous mob in Gokalpuri area.

The court noted that the prosecution was opposing both the bail pleas on the strength of their categorical identification by beat officers -- Constable Vipin and Head Constable Hari Babu -- in their statements recorded under section 161 (examination by police) of the Code of Criminal Procedure on April 7, 2020.

Their identification was hardly of any consequence, it said, adding that even though they were posted as beat officers in the area at the relevant time of the incident, they waited till April to name the accused when they had categorically seen and identified them allegedly indulging in riots on February 25, 2020. Being police officials, what stopped them from reporting the matter then and there in the police station or to bring the same in the knowledge of higher police officers.

This cast a serious doubt on the credibility of two police witnesses, the court said in its order. It further said that the CCTV footage relied upon by the police in the case pertained to February 24, 2020, whereas the incident took place the next day. No CCTV/video footage of February 25, 2020, (on which date the incident in question took place) has been placed on record by the investigating agency.

"The applicants (Shoaib and Shahrukh) were not arrested from the spot, instead their arrest has been formally affected in the case on April 15, 2020 (i.e after lapse of about 55 days of the date of incident) in Mandoli Jail..., it added.

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