The Delhi High Court has granted bail to an accused in a Northeast Delhi violence case after taking into account his poor eyesight. While police had claimed CCTV footage showed him at the spot of the incident at 9.31 pm on February 24, the court said it cannot be believed that a person with such weak eyesight would have clear vision at night without spectacles.
In his order, Justice Suresh Kumar Kait said it is not in dispute that the accused’s eyesight is weak (-3.75) and that when he was arrested, he was wearing spectacles. “However, petitioner was arrested on the basis of CCTV footage along with co-accused Ali Hasan but admitted fact is that in CCTV footage petitioner is not wearing spectacles,” the single-judge bench said.
“Moreover, CDR (call detail record) is not on record, whereby it could have been established that the petitioner was available at the site,” Justice Kait said in the order, while granting bail to Saiyad Iftikhar, who has been in judicial custody since April 11.
Iftikhar’s counsel argued before court that there is no legally sustainable evidence against him in the matter as he has been arrested on the basis of his alleged appearance in CCTV footage and identification by a constable. However, the court was told, the person claimed to be Iftikhar in the CCTV footage is not him.
In the case registered at Bhajanpura police station, the accused persons are alleged to have been part of an “unlawful assembly” which vandalised shops in the area during the February violence.
The lower court had dismissed Iftikhar’s bail plea on August 10, observing that “there is ample evidence at this stage” against him of being part of the “unlawful” assembly which vandalised the shop of the complainant, Hari Om Mishra, as well as nine other complainants.
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