The Delhi High Court on Tuesday granted bail to an accused in the Jahangirpuri violence case in view of the period of custody and he is no more required for further interrogation as the charge sheet has already been filed.
This case is connected with violence in two groups in the area of Jahangir puri during a procession on the occasion of Hanuman Jayanti on April 16, 2022.
Justice Yogesh Khanna granted bail to accused Babuddin on furnishing a personal bail bond of Rs. 20000 and one surety in the like amount. The accused is also directed to provide his contact number/address to the SHO concerned as also he shall keep open his location application in his mobile all the time.
The Court further directed that the accused shall maintain peace in the area and shall not leave area of NCR without prior permission of the Trial Court.
The bench observed, " Nevertheless looking at his period of custody, being since April 27, 2022, that he is no more required for further interrogation, and the charge sheet related to him has already been filed, one of the co-accused Jahid has since been granted bail on August 24, the injured have since been discharged, he is admitted to bail. "
The Court observed, "So far as the petitioner is concerned it is alleged by the State that he was the leader of the crowd and is identified in two of CCTV footage. However, if one peruses the present CCTV footage the petitioner was just standing and was not seen instigating the crowd."
"On further query, the additional public prosecutor on instruction submitted that one of the witnesses namely ASI Joginder has deposed that the petitioner was leading the crowd. Though the State has taken various dates to bring on record various other CCTV footages to show this fact but they have not placed the same on record as yet," the court further observed.
Advocate KC Mittal, Advocate Mobina Khan and Advocate Abid Ahmed had appeared for him in the matter.
The bail plea stated that the prosecution avers that when the procession reached at C Block Jama Masjid at approx. 18:00 hrs. One person namely Ansar came with his associates and started having with members of the procession.
The plea submitted that the Applicant Babuddin has no connection with the said person and the prosecution failed itself to produce material evidence to associate the Applicant with the said person, Ansar.
The plea had alleged that when the prosecution failed in associating the applicant with the main accused, Ansar, made a blatant, false and fabricated story to implicate the Applicant, which even cannot be corroborated from the video itself the prosecution played before the Trial Court judge.
The prosecution specifically avers on the basis of the disclosure statements of the applicant and his brother, Jafar Ahmad, about the applicant that "the Applicant asked his brother to bring the sword from their shop and his brother accordingly brought and wielded the same, which has been captured in the CCTV. " However, the said fact of the Prosecution is absolutely contrary to the video played before the Trial Court Judge," said the plea.
Violent clashes broke out in Delhi's Jahangirpuri on April 16 between two groups during a Hanuman Jayanti procession that left nine people injured, including eight police personnel and a civilian.
( With inputs from ANI )
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