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A video telecasted by the good fame NDTV news channel was upheld by the High Court of Delhi while granting bail to 3 accused persons who were put in jail for the issue relating to the Delhi riots case. The video was played by the journalist, Ravish Kumar during a prime time show.
The HC of Delhi relied on the journalist Ravish Kumar's video while noticing that there was no proof, either direct or indirectly persisting to either of circumstantial or forensic against 3 people namely Chand Mohammed, Junaid, and Irshad, all three of who were accused of allegedly killing a person named Shahid during the Delhi riots that took place in the month of February 2020.
The petitioners were under custody since the month of April 1st of 2020.
Given by the report of the department of police all the three accused were a part of the Muslim group which had alleged to taken place at the rooftop of Building, Saptarishi at Chand Bagh area of Delhi (North East) to damage or attack the group of Hindu people alleged to stand at the rooftops of the other nearby buildings of saptarishi, through gun-firing and stone-pelting. However, it was alleged that Shahid, who was also present on the roof-top of the Saptarishi building, got killed as a result of a gun-firing during the protest that took place on a massive note.
The prosecution, in the FIR and charge sheet lodged against the three accused, had referred to the video produced by the NDTV played by the journalist Ravish Kumar while challenging for bail.
Salim Malik, the advocate of the petitioners pointed out that the three accused persons are not seen pr captured in the NDTV video, on which the whole prosecution itself has relied upon. The advocate played Ravish Kumar's video exactly as telecasted on NDTV during the arguments and challenged while placing the arguments, that the faces of the persons involved in rioting are clearly visible when zoomed in however, then none of three petitioners were seen in the same video played.
A Single Division Bench of Justice Suresh Kumar Kait, after analyzing the nature or forensics of the gunshot wound in Shahid's body, observed that it was a long-range distance shot and not a close range shot.
In this connection, the bench complied with the video played by the NDTV's journalist Ravish Kumar which showed that there was also gun firing from the rooftop of the Building of Mohan Nursing Home, which was located on the opposite of the Saptarishi building.
From the nature of in and out of the wounds attained and also from a critical analysis of the video, the bench observed that firing could possibly be caused by a long-range shot from the building of Mohan Nursing Home and since the trajectory of the gunshot wound was downwards, the gun-fire must have taken from a height. So, there was the possibility of the gunshot which could have occurred from the building of Mohan Nursing Home, which said to have more height than the Saptarishi building.
The Court further noted that the department of police is yet to arrest the main accused, assailant who shot the gunfire that killed Shahid.
The Court ordered the petitioners, who were under custody since the month of April 1st of 2020, to be released on the bail granted, after observing that the penal charges are yet to be framed in the trial, which would take time.
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