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The Court said that two witnesses within the case appeared to be planted.
The Delhi high court has granted bail to a Delhi-riots accused who is claimed to be an associate of Tahir Hussain. (Irshad Ahmed vs State)
The order was gone by one Judge Bench of Justice Suresh Kait.
The bail applicant, Irshad Ahmed (Petitioner) was arrested during a riots FIR for the offences punishable under Sections 147/148/149/436/427/34 IPC and Sections 3/4 PDPP Act.
The Additional prosecutor opposed the petition by stating that on February 25, around 100 people were standing on the terrace of the house of the most accused, Tahir Hussain and tossing petrol bombs on the house of Hindu community.
As per the Prosecution, the Petitioner’s name was revealed by Tahir Hussain and was his associate. As per an eye-witness statement, the role and identification of the Petitioner was declared to be established.
Further, it had been argued that the mobile location of the Petitioner had ascertained his presence at the spot.
The Court observed that it had not been an issue that there was no electronic evidence like CCTV footage or photos to implicate the Petitioner within the present case.
The Court observed that as per the statement of two Police personnel, who claim to be eyewitnesses, the Petitioner and other co-accused had been identified.
However, they did not make any objection on the date of the incident and an FIR was lodged only on February 28.
"Thus, the said witnesses seem to be planted one.",
Delhi high court opined.
Since the charge sheet within the matter had already been filed and trial of the case was to require substantial time, the Court proceeded to grant bail to the Petitioner.
It said,
"..without commenting on the merits of the case, this Court is inclined to grant bail to the petitioner. The court shall not get influenced by the observation made by this Court while passing the order."
Accordingly, the Petitioner was released on bail on his furnishing a private bond within the sum of Rs 25,000 and with one surety within the like amount to the satisfaction of the Trial Court/Duty Judge.
Advocate Dinesh Tiwari appeared for Petitioner.
APP Manoj Chaudhary appeared for State.
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