The petition claimed the investigation by the Crime Branch in the past nine months was a “sham”. A Delhi court has granted bail to a man in two separate cases related to the Northeast Delhi riots, saying “it does not appeal to the senses that accused, being a Muslim, would rub shoulder to shoulder in such a surcharged atmosphere with members of an ‘unlawful assembly’, which mainly comprised persons from the Hindu community, and would beat a Muslim boy to death”.
Special Public Prosecutor Manoj Chaudhary, appearing for police, opposed the bail saying Aarif was allegedly part of the unlawful assembly/riotous mob that had inflicted severe injuries on Ashfaaq Hussain and Zakir that ultimately resulted in their deaths. Aarif’s lawyer, Abdul Gaffar, told the court of Additional Sessions Judge Vinod Yadav that he was falsely implicated in the case by police.
The court said majority of the accused persons which formed the “unlawful assembly” were Hindus, whereas Aarif was Muslim. “It is very obfuscatory that a Muslim boy would become part of an ‘unlawful assembly’ mostly consisted of members of Hindu community… So, prima facie, applicant (Aarif) cannot be said to be part of ‘unlawful assembly’ or share ‘common object’ with them…,” the court said, in its order passed on December 11.
“Applicant (Aarif) is not visible in any CCTV/video footage. As regards CDR location,…applicant is resident of the same area…,” it said.
