New Delhi, Nov 11 (PTI) A Delhi court Wednesday granted bail to a man in a case related to the communal violence in north east Delhi in February, saying the video footage showing his alleged involvement in the riots and murder does not pertain to the day of the incident.
Additional Sessions Judge Amitabh Rawat granted the relief to Anwar Hussain on furnishing a bail bond of Rs 40,000 with one surety of like amount in the case of death of one Furkan due to gunshot injuries during the riots in Kardampur Pulia.
During the hearing, the police told the court that the accused can be seen along with the rioters in a CCTV footage of February 23 but the case in which he was arrested pertained to an incident of February 24.
The court said the video footage was not incriminating clinching evidence of involvement of Hussain in the riots of February 24.
The prosecution has relied upon one video footage of February 23, 2020, where accused (Hussain) is seen as participant at Kardam Puri Puliya. The footage was seen and without going into the merits of the nature of the involvement of the accused in the footage, it can be clearly stated that for whatever the footage depicts of the incident of February 23, 2020, by no stretch of criminal liability, can be accounted for the offence of riot and murder committed on February 24, 2020. Thus, the video footage is not of the day of the incident of February 24 but of February 23.
In view of the video footage which does not pertain to the day of incident, the period of incarceration and in the totality of the facts and circumstances of the case, accused Anwar Hussain is admitted on bail , it said in its order.
The court directed him not to tamper with evidence or leave Delhi without its prior permission.
It noted that the complainant in the case, Furkan's brother, was also not an eye witness in the matter.
During the hearing, Hussain's counsel argued that he has been falsely implicated in the case and has nothing has been recovered from his possession till date.
Special Public Prosecutor Rajeev Krishan Sharma, appearing for the police, opposed the bail plea saying Hussain was allegedly present in the unlawful gathering and has been seen actively participating in the riots.
The public prosecutor further claimed that after Hussain was arrested in March, he confessed to his crime about the murder and riots which took place in Kardam Pur Pulia.
Communal violence had broken out in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.
