The Delhi High Court has granted bail to a man who was arrested for allegedly rioting during the north-east Delhi communal violence in February this year, after noting there is no CCTV footage, video clip or photo to corroborate the prosecution’s claim.
Justice Suresh Kumar Kait ordered that Mohd. Rehman be released on bail, if not required in any other case, on his furnishing a personal bond of ₹25,000 with one surety of like amount.
Mr. Rehman was arrested in connection with an FIR lodged at Dayalpur police station on March 4 under charges of rioting.
The special public prosecutor opposed the bail plea on the grounds that during investigation, primary witness had identified Mr. Rehman along with other co-accused. The prosecutor stated that Mr. Rehman is involved in four other riot cases.
The HC, however, remarked: “It is not in dispute that in the present case there is no CCTV footage, video clip or photo to corroborate the prosecution’s claim.”
Justice Kait also questioned why two Delhi police constables, who recorded statements as eyewitnesses in the case and identified Mr. Rehman, “did not make any daily diary entry as the alleged incident occurred on February 25, whereas the present FIR was registered on March 4.” The court further noted that the constables did not make a PCR call on the day of the incident.
It additionally observed that the other witnesses who claimed to know Mr. Rehman also did not make any complaint to the police on the day of the alleged incident. “In view of the above, I am of the opinion that the petitioner deserves bail as he is in judicial custody since April 20. Charge sheet has already been filed. Charges are yet to be framed. Trial of the case shall take substantial time,” said the court.