Citing that the high court had already given him bail in two similar cases, a Delhi court has granted the same relief to former AAP councillor Tahir Hussain in a 2020 northeast Delhi riots case in which one Ajay Goswami Gautam was shot at in the Khajuri Khas area on February 25.
“Bail granted to the applicant by a court higher in hierarchy to this court does create a material change in the circumstances in favour of the applicant,” Additional Sessions Judge Pulastya Pramachala said in his order on September 2.
Hussain, however, will not be able to come out of jail as he has not got bail in some other cases.
On July 12, the high court granted bail to Hussain in five cases related to the Delhi riots. “In that situation for this court, there may not be a reason to take a different view. This material change in the circumstance in itself becomes a ground to grant bail to the accused/applicant in this case as well,” the court ruled.
The judge further noted that many of the witnesses were common in all the FIRs and that the high court had appreciated the merits in the earlier two cases before granting bail to him.
Hussain was represented by advocate Tara Narula while Special Public Prosecutor Madhukar Pandey appeared for the state.