Accused can't be made to incarcerate for infinity merely because co-accused have to be arrested: Court grants man bail in Delhi violence case

Nov 04, 2020

New Delhi [India], November 4 : Observing that an accused cannot be made to incarcerate for infinity merely because other persons part of the crime "have to be identified and arrested", a Delhi court on Wednesday granted bail to one Khalid Saifi in connection with a northeast Delhi violence case, on condition that he shall maintain peace and harmony.
Additional Sessions Judge Vinod Yadav directed Saifi to furnish a personal bond of Rs 20,000 with one surety in the like amount.
The court also directed him to furnish his mobile phone number to the station house officer of Khajuri Khas police station upon his release, to ensure the same was in working condition and to install Aarogya Setu App.
Besides, the court imposed certain conditions like he shall not tamper with the evidence or influence any witness in any manner and maintain peace and harmony in the locality.
Saifi was also directed to appear before the court on each and every date of hearing to attend the proceedings in accordance with the terms of the bail bond, executed by him.
"The investigation in the matter is complete and the charge sheet has already been filed. The trial in the matter is likely to take a long time. The applicant cannot be made to incarcerate in jail for infinity merely on account of the fact that other persons who are part of the riotous mob have to be identified and arrested in the matter," the court said.
Saifi was arrested in the present case on June 6. The present matter pertains to setting vehicles parked on Karawal Nagar Road near Chand Bagh Pulia on fire by an alleged riotous mob.
Saifi was initially arrested on February 26 in another case lodged in Jagatpuri. Thereafter, he was formally arrested on March 21 in a conspiracy case being probed by the Special Cell of Delhi Police, and currently undergoing judicial custody in that matter.
Saifi's counsel said that there is no evidence against him and that he has been roped in the matter merely on the basis of his own disclosure statement and that of co-accused Tahir Hussain.