A special court in Delhi has refused to grant bail to a man accused of vandalising, looting and torching shops and vehicles during the North-East Delhi violence in February this year.
Additional Session Judge Vinod Yadav of Karkardooma courts complex, after concluding the arguments on Friday, said that "considering the facts and circumstances of the case in totality as well as the gravity of offence in the matter, I do not find it to be a fit case for grant of bail."
The court dismissed the bail application and clarified that anything stated hereinabove shall not be construed as expressing any opinion on the final merits of the case, as the case is at pre-cognisance stage.
"It is common knowledge that the communal riots in North-East Delhi were of a very high magnitude, wherein 53 innocent lives were lost and a lot of public and private property was damaged/vandalised and looted. Several vehicles, houses and business establishments were set on fire," the court observed.
"These riots were part of large scale conspiracy hatched at various levels all over Delhi in the aftermath of enactment of Citizenship Amendment Act (CAA) 2019, and the same did not take place spontaneously," it said.
Advocate Basant Kumar Gupta, counsel for the accused Manoj Kumar, argued that accused has been in judicial custody since April 9, and said the investigation in the matter is complete and chargesheet has been filed.
He said the accused is no more required for custodial interrogation and that nothing further has to be recovered in the matter.
Special Public Prosecutor Naresh Kumar opposed the bail plea and pointed out that this is the fifth bail application filed on behalf of accused. Kumar submitted that earlier the bail applications of the applicant were dismissed by this court and there are no change in circumstances in the matter thereafter.
He argued that the accused is clearly visible in the viral video, being part of unlawful assembly, vandalising the shop of the complainant in Yamuna Vihar. The accused is also visible in another viral video with a stick in his hand and breaking the front glass of a car, Kumar added.
It was further submitted before the court that the applicant has been duly identified in the matter by a beat officer as well and that the accused had actively participated in rioting, vandalising, arson and looting in Yamuna Vihar are during the violence.
( With inputs from ANI )