OBSERVING THAT the violence at the scene of crime was “really horrific” and loss of an innocent life as well as damage to the property of general public was enormous, the Delhi High Court Wednesday dismissed the bail plea of an accused in a murder case connected to the Delhi riots.
“It is prima facie clear the applicant was part of unlawful assembly responsible for putting on fire the godown in which deceased Dilbar Negi was there and after that he was found dead (burnt alive). The accused were involved in the heinous crime/offence where the deceased person died and when a person dies it automatically attracts section 302 IPC,” Justice Suresh Kumar Kait said in the order.
The case, as per police, pertains to the burning of Anil Sweet Corner at Chaman Park, Main Brijpuri Road. An Uttarakhand resident, Negi, who used to work as a waiter there, was found dead later at the spot.
The accused, Ashraf Ali, was booked by Gokulpuri police station in a case of rioting and murder. Ali was arrested in March after he was identified by a witness as one of the 250 persons involved in alleged stone-pelting and raising inflammatory slogans on February 24.
The counsel representing the accused had argued that unlike other accused in the case, there is no CCTV footage identifying Ali in any mob and the case against him relies mainly on a single witness statement, and without a test identification parade. It was also argued that the charge of murder is not made out against the accused. However, police submitted he is liable for the acts committed by any member of that “illegal mob gathered on 24.02.2020 at the spot, who set on fire the deceased Dilbar Negi”.
Meanwhile, the court has granted bail to an accused in a case registered over violence which broke out near former AAP councillor Tahir Hussain’s house in February. The court said the accused, Kasim, is not seen in any of the 11 footages received from different social media , and noted that police officials did not make any PCR call or DD entry.
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