The Karkardooma court has refused to grant bail to murder accused Sirajuddin on the grounds that he might threaten the witnesses who allegedly saw him being part of a 'riotous mob' that killed Rahul Solanki in Northeast Delhi during February 2020 communal violence.
Solanki, a college student, received bullet injuries during communal riots on February 24 when he came out of his house to buy milk and groceries in Northeast Delhi. Sirajuddin is one of the seven accused in Solanki바카라s murder case.
바카라Public witnesses in the matter are residents of the same locality and the possibility of the applicant threatening or intimidating them, if released on bail at this stage, cannot be ruled out,바카라 Vinod Yadav, Additional Sessions Judge, said while dismissing the bail application.
Sirajuddin was arrested on March 29 and since then he has been in Tihar Jail. His lawyer Manish Kumar Singh alleged that he has been falsely implicated and the police filed an FIR after almost four days of the incident.
The police바카라s daily diary record shows that it received information at 11:15 AM on February 24 about Rahul Solanki바카라s death. However, the police registered an FIR at 1:20 PM on February 28.
Singh also questioned the presence of the accused in the CCTV footage with a thick stick.
According to Singh, Sirajuddin lives two streets away from the place where he has been captured on CCTV camera as he had come down from his house at around 4:00 PM to bring some grocery.
바카라He suddenly noticed a crowd of about 100-200 people of another community shouting abuses, hurling stones, having sticks, rods and bricks in their hands approaching towards his house,바카라 Singh argued as recorded in the order.
Singh further said that sensing danger to his life and in order to save himself from the riotous mob, Sirajuddin picked up a 바카라thin stick바카라 from the street and ran towards the gali (street) in which he was captured by the CCTV camera.
Calling him a 바카라passive bystander바카라, Singh argued, 바카라The reliance upon the CCTV footage in the matter is of no consequences against the applicant, as he is not seen committing assault/firing upon the deceased.바카라
He also highlighted anomalies in the various police records about the place of incident. While the police DD entry records the scene of the crime to be 바카라Shiv Vihar Tiraha바카라, the medical report of Solanki mentions the place of incident as 바카라C-Vihar바카라. Another police document shows it in Mahalaxmi Enclave.
He also said that since the investigation in the matter is complete and the chargesheet already filed, 바카라no useful purpose would be served by keeping him behind bars in the matter, as the trial of the case is likely to take a long time.바카라
However, Amit Prasad, Special Public Prosecutor, strongly opposed the bail saying that the death of Rahul Solanki by the 바카라riotous mob바카라 was merely on account of the fact that he belonged to a different community.
바카라During investigation, it has emerged that there was a 'deep-rooted conspiracy' which triggered communal riots in Delhi,바카라 Prasad argued as recorded in the court order.
He further argued that the accused has been 바카라clearly captured in the CCTV footage carrying a laathi (stick) in his hands near the scene of crime on the date of incident, being part of the 바카라riotous mob바카라 and he was actively involved in the rioting.바카라
Prasad referred to the portion of the CCTV footage which was played in the court and emphasised the demeanour of the accused as he was 바카라seen exhorting the other rioters with a 바카라stick바카라 in his hand바카라 with an 바카라aggressive바카라 body language.
바카라He comes from the one end of the gali (street) and goes along with other rioters up to the end of the gali (street) culminating into Shiv Vihar Tiraha and then comes back,바카라 Prasad argued.
Prasad told the court about the reasons for the anomalies in the various records about the place of incident. He apprised the court of the fact that at the time of interrogation the accused 바카라has furnished false mobile numbers to the investigating agency, which shows the 바카라conduct of a guilty mind바카라.바카라
While pleading to dismiss the bail application, Prasad said that though the chargesheet in the matter has been filed, the further investigation in the matter is on with regard to 바카라conspiracy angle바카라 as well as 바카라identification of other persons of unlawful assembly바카라, who had participated in the riots.
The court, after hearing both parties and examining reports, chargesheet and the relent CCTV footage, said, 바카라...it is prima facie apparent that the applicant was part of the 바카라riotous mob바카라, which had caused vandalism, arson and loot in the area and due to firing from the said mob, deceased Rahul Solanki got hit and later on died.바카라
바카라The applicant is clearly visible in the CCTV footage, carrying a laathi/stick in his hands, thus prima facie indicating he being part of the riotous mob that had fired upon deceased Rahul Solanki,바카라 the judged said and dismissed bail plea.
