North East Delhi riots: Delhi HC grants bail to two accused, denies to third in murder case

New Delhi: The Delhi High Court on Monday granted bail to two persons accused in a murder case caused by a gunshot injury during the North Delhi riots in 2020. The High Court has refused to grant bail to the third accused.
This case pertains to the alleged murder of a bystander Rahul Solanki on February 24, 2020. An FIR was registered at the police station Dayal Pur in 2020.
Justice Amit Bansal granted bail to Arif and Anish Qureshi noting that the charges have been framed but the Prosecution evidence is yet to be commenced.
The bench noted that both applicants have been in judicial custody since March 9, 2020. The chargesheet against the applicants was filed on June 2, 2020.
Thereafter, various Supplementary Chargesheets have been filed. Charges have been framed against the applicants.
Till now the prosecution evidence is yet to commence. The prosecution has listed several witnesses and therefore the trial is likely to take a long while.
"The trial is likely to take a long time, the applicants cannot be kept under incarceration for an indefinite period of time," Justice Bansal observed.
Accordingly, considering the totality of the facts and circumstances and the period of incarceration already suffered by the applicants, this Court is inclined to grant bail to the applicants, the high court said in the judgement passed on December 18, 2023.
However, the bench denied bail to another accused Mohd. Mustaqeem.
Justice Bansal said, "On a prima facie view, there is material on record to show the involvement of the applicant in the alleged offences."
The court also agreed with the case of Prosecution and said, "I am in agreement with the submission of the learned SPP that the applicant cannot be granted bail only on account of long incarceration, as the applicant has been charged with offences punishable with death or imprisonment for life."
The bench said, "Considering the aforesaid facts and circumstances in the present case and the fact that material witnesses are yet to be examined, this Court does not find any ground to grant bail to the applicant at this stage."
The High Court said that it appears that the applicant has been identified by the eyewitness as the person who shot the bullet that killed the deceased. In light of these statements, it cannot be stated that the applicant has been identified only on the basis of the ten-second mobile phone video clip.
The FIR was registered on February 28, 2020, under Sections 302/149/147/148/436/120B/34 of the Indian Penal Code, 1860 (IPC) at Police Station Dayalpur.
This case was lodged at Dayalpur police station and later on, it was transferred to the SIT of the Crime Branch of Delhi police.