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Court: It is obfuscatory that a Muslim boy would become a part of an unlawful assembly of Hindus

 The Karkardooma Court of Delhi in, State v. Aarif@Mota, granted bail to a Muslim, accused of killing another Muslim in North-east Delhi communal riots. Court states that it was obfuscatory that a Muslim boy would become a part of the unlawful assembly of Hindus in a communal riot.


Facts


FIR was registered with respect to the death of a man that occurred during the North-East Delhi communal riots which took place earlier this year. A person accused was arrested. He has applied for bail.


Contention of Applicant


The counsel argued that the accused had been falsely implicated in the matter. He stated that there was an unexplained delay of 24 days in the registration of FIR. No recovery was made. He further stated that a Muslim boy lost his life and all the other accused were Hindus whereas the applicant was the only Muslim, which is quite appealing. The eyewitnesses, he stated, are planted. He stated that the applicant was an innocent bystander. It was further argued that pre-trial detention has been deprecated by courts and bail is the role and jail is an exception.


The contention of Special PP


The PP stated that the murder of the boy named Zakir took place during North-east Delhi communal violence. Justifying the delay, he stated that 4 persons were found dead however during the course of the investigation it was noticed that all four dead bodies were found at different places and different cases were registered. Secondly, after the perusal of the CCTV footage, it was clear that the accused was seen pelting stones. The eyewitnesses have identified the applicant. Thus it was stated that the bail application must be dismissed.


Court's orderThe court stated that the majority of accused who formed unlawful assembly were Hindus but the applicant was Muslim. The allegations are that he was a part of the unlawful assembly wherein the common object was to cause maximum damage to other communities and hence it was obfuscatory that an unlawful assembly that has Hindus would consist of Muslims. The contentions of eyewitnesses also don't spell specific details rather gave a general view. Also, the applicant was not visible in the CCTV footage. Once the applicant was out of Section 149, he can't be held liable under Section 302 IPC. Since he was indulged in riots 436 IPC, the court said, has been invoked. The court after stating this granted bail to the applicant.


Case Details


Bail application no. 1810/2020


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