Delhi's Rohini court has recently granted bail to Islam accused in the alleged murder of Rinku Sharma in Delhi's Mangolpuri area in 2021. The court while granting bail noted that the accused is in custody since February 2021 and FSL report is yet to be filed.
Rinku Sharma, 25, a hospital technician was allegedly stabbed by a group of persons on February 10, 2021. The situation had got tense after the incident and forces were deployed to control the situation.
Additional sessions judge Neeraj Gaur on Friday granted bail to Islam on the condition that the accused shall not reside in the area of Mangolpuri.
The court granted bail to the accused on furnishing a bail bond of Rs 35,000 and one surety in the like amount.
Court also directed that the accused shall intimate the court in case of a change of his residential address.
While granting bail the court observed that The accused had been in custody for about two years and the public witnesses have not been examined. The Forensic Science Laboratory (FSL) report is also not yet filed.
"The applicant is in custody for about two years. As already discussed, the trial will take its own time. The public witnesses have not been examined but the reason, therefore, has been beyond the control of the court," the judge said in the order of March 3.
" Similarly, the seriousness of the allegations and gravity of the offence is also not absolute grounds to deny bail. The non-examination of public witnesses cannot be made an absolute ground to deny all bail applications," the judge said.Advocate Ravi Drall, appearing for the accused, submitted that Islam has been in custody since February 2021 and the mere presence of an accused person can not render liable for constructive liability.
He also submitted that although Islam's name was mentioned in the FIR. However, Islam was not seen with a weapon in CCTV footage.
In fact, Islam was making a call to the police as soon as the tension arose between two groups of the same locality, the counsel argued.
The bail application was vehemently opposed by the additional public prosecutor (APP) for the State. He submitted that the offence is of a serious nature.
After hearing the submissions of both sides observed, "the court is to strike a balance between the liberty guaranteed to the accused persons and the rights of the victims."
( With inputs from ANI )
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