A Delhi court, while dismissing the bail application of a man accused of murder during the Northeast Delhi riots, has said the witness was under tremendous mental shock, pain and agony on account of the sudden death of his brother, and a cool off period was required for any person to regain his composure.
Additional Sessions Judge Vinod Yadav denied bail to Sonu Saifi, facing trial for the murder of Rahul Solanki, who succumbed to bullet injuries during the riots.
S Hasan Zaidi, counsel for Saifi, had argued that prosecution witness Rohit Solanki was a “planted witness” as he did not name anyone in his statement to the police, but named Saifi in his subsequent statement to the police.
Solanki not only named Saifi but also stated that the accused was working as a welder and “a famous character in the locality,” the court noted.
ASJ Yadav in his order on November 25 wrote, “I find force in the submissions of learned Special Public Prosecutor that this witness could be under tremendous mental shock, pain and agony on account of sudden death of his brother, certain amount of cool off period is usually required… and it is not expected..to give fine blow-by-blow account…in such a situation.”
The court said that it “is conscious of the fact that applicant is not visible in any of the CCTV footage(s) made available on record, however, at this stage, the statement of Rohit Solanki, whereby he has not only categorically identified the applicant by his name but has also stated about his profession of being a welder, cannot be thrown into dustbin on this sole account.”
It also stated that it “cannot lose sight of an epochal development in the matter… recovery of one firearm (country-made pistol) along with four live cartridges at the instance of applicant, and as per the report of ballistic expert, said firearm has been found to be in working condition”.
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