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 there was nothing to establish that he “was available at the site.” A single-judge bench of the high court presided by Justice Suresh Kumar Kait granted bail to one Saiyad Ifthikar on his furnishing a personal bond in the sum of Rs 15,000 with one surety of the like amount to the satisfaction of Trial Court.
The bench granted bail to Saiyad while noting that it cannot be believed that a person having such weak eyesight would have clear vision at night without spectacles.
“Moreover, CDR is not on record, whereby it could have been established that the petitioner was available at the site,” the bench said.
The court also stated that it is not in dispute that petitioner’s eye sight is weak (-3.75) and when he was arrested he was wearing spectacles. “However, petitioner was arrested on the basis of CCTV footage along with co-accused Ali Hasan but admitted fact is that in CCTV footage petitioner is not wearing spectacles,” the bench noted.
The petitioner was arrested for allegedly committing offences punishable under Sections 147/148/149/436/380 of the Indian Penal Code. While granting him bail, the bench directed that Saiyad 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 bench said while concluding its order.
Months after the national capital saw one of the worst bloodbaths in its North-east district after the protest against the Citizenship Amendment Act (CAA) and the National Register for Citizens (NRC), the Delhi Police in its fresh charge sheet had claimed that a three layer strategy was used to propagate violence in the national capital.