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The Delhi High Court on October 12 allowed bail to Mohammad Rehan, who was under arrest for supposedly a part of the riots during the huge Delhi Riots that happened in February this year. It was noticed that there was no evidence of CCTV footage, video clips, or any photographs that validate those accusations.
The single-judge Bench of Justice Suresh Kumar Kait was hearing the appeal filed by the plaintiff under Section 439 Criminal Procedure Code (Special powers of High Court or Court of Session regarding bail) for granting bail for the offenses punishable under Sections 120-B (Punishment of criminal conspiracy), 147 (Punishment for rioting), 148 (Rioting, armed with a deadly weapon), 149 (Every member of unlawful assembly guilty of offense committed in the prosecution of common object), 427 (Mischief causing damage to the amount of fifty rupees), 436 ( Mischief by fire or explosive substance with intent to destroy a house, etc) of the Indian Penal Code.
The SPP opposed the petition by saying that during the inquiry, the statement of P. W Khaleel was documented under Section 161 Criminal Procedure Code (Examination of witnesses by police) who witnessed the occurrence and identified the plaintiff along with the other accused.
The witness was able to recognize the plaintiff. The statement of Irfan, Salim, Surender Singh, and Pradeep Kumar Verma was also documented under the same section, who had also witnessed the incident and had recognized the petitioner along with other accused.
On the statement recordings, the petitioner was arrested in Mandoli Jail as he was already in judicial custody. The SPP states that the plaintiff is involved in four other riot cases and hence the present petition must be dismissed.
The Court noticed that it was not in a clash that in this case there were no CCTV tapes, videos, or photographs that support the prosecution's claim.
The Court directed that he shall be granted bail on his furnishing a bond of Rs.25, 000/- with one surety in the amount to the satisfaction of the Trial Court.
The Delhi High Court on October 13 granted bail to Kasim, who was arrested for riots during the February Delhi Riots after finding that plaintiff was not seen in any of the footage received from different social media. While finding that the “witnesses seem to be planted one", the Court on 7th October had bail to Irshad Ahmed, a suspected associate of Tahir Hussain.
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