Delhi violence: HC denies bail to two accused visible in video footage of crime scene

New Delhi [India], September 14 : The Delhi High Court on Tuesday, while rejecting the bail pleas of two accused in north-east Delhi violence case pertaining to the death of Delhi Police head constable Ratan Lal, observed that both of them were allegedly visible in the video footage.
Justice Subramoniam Prasad rejected the bail plea of two accused Sadiq and Irshad Ali, in connection with the murder of Head Constable Rattan Lal during the northeast violence case in the national capital last year.
"This Court is of the opinion that the footage of the Petitioner at the Scene of Crime is quite egregious, and is, therefore, sufficient to keep the Petitioner in custody. This Court has perused the video in slow motion and is of the opinion that the Petitioner is visible and his presence at the Scene of Crime cannot be disputed. Furthermore, the Petitioner does not satisfy the ingredients to claim bail on the ground of parity with the other co-accused of the Petitioner who has been enlarged on bail," the court said.
The court further said that none of the co-accused who have been granted bail was caught in an overt act that indicated their active participation in perpetuating the offences mentioned in FIR No.60/2020.
"In view of the facts and circumstances of the cases, without commenting on the merits of the matter, this Court is of the opinion that the Petitioner is not to be granted bail. This bail application is, therefore, dismissed," the court said while denying bail to Sadiq and Irshad Ali.
A perusal of the material on record has revealed to the Court that the Petitioner Irshad Ali has been seen on multiple CCTV footage, carrying a danda and
provoking the crowd. The clinching evidence that tilts this Court to prolong the incarceration of the Petitioner is his presence in the Vishal Chaudhry
video wherein he is clearly identified at the Scene of Crime, using a stick to beat uniformed police officials who are present around him, the court said.
The Court also opined that the video reveals that the Petitioner, Sadiq, is not merely a curious onlooker and the fact that he actively participated and pelted stones at the Police Officials at the Scene of Crime justifies the invocation of Section 149 IPC read with Section 302 IPC in the instant case.
However, Justice Subramoniam Prasad has granted bail to two other accused Shahnawaz and Mohd Ayyub in the same case and said that "This Court has already opined that the right to protest and express dissent is a right which occupies a fundamental stature in a democratic polity, and therefore, the fact that the Petitioner was part of the protest is not a sufficient ground to refuse bail to him."
Earlier, the court five people accused in FIR related to the murder case of Head Constable Ratan Lal, as well as causing injuries to a Deputy Commissioner of Police (DCP) during the North East Delhi violence that erupted in February 2020.
Justice Subramoniam Prasad had earlier said that the court is of the opinion that the petitioners cannot be made to languish behind bars for a longer period of time and that the veracity of the allegations levelled against them can be tested during trial.
Those five accused including Furkan, Mohd Arif, Shadab Ahmed, Suvaleen and Tabassum who were granted bail earlier with a condition not to leave Delhi without prior permission of the court.
The Court noted that the petitioner has been in judicial custody for a long. The fourth charge sheet has already been filed, and trial in the matter is likely to take a long time.
"This Court had opined that it would not be prudent to keep the petitioner behind bars for an undefined period of time at this stage. The petitioner has roots in society, and, therefore, there is no danger of him absconding and fleeing," the High Court said.
At least 53 people lost their lives and hundreds of others were injured in the violence, which erupted groups supporting and opposing the Citizenship Amendment Act (CAA) in the northeast area of the national capital in February this year.