The Delhi High Court on Monday has granted bail to 2 individuals accused in a murder case stemming from a gunshot injury during the North Delhi riots in 2020.
However, the High Court declined to grant bail to the 3rd accused.
The case revolves around the alleged murder of bystander Rahul Solanki on February 24, 2020, with the FIR registered at Dayal Pur police station in 2020.
Justice Amit Bansal, in his decision, granted bail to Arif and Anish Qureshi, acknowledging that charges had been framed but prosecution evidence had not yet commenced.
The bench took note that both applicants had been in judicial custody since March 9, 2020, and the chargesheet against them was filed on June 2, 2020.
Subsequently, various Supplementary Chargesheets were filed, and charges were framed against the applicants.
However, prosecution evidence has not started, and the trial is expected to be prolonged due to several listed witnesses.
Justice Amit Bansal observed, “The trial is likely to take a long time; the applicants can’t be kept under incarceration for an indefinite period.”
Considering the facts, circumstances, and the duration of incarceration already endured by the applicants, the High Court, in its judgment on December 18, inclined to grant bail.
Nevertheless, the bench denied bail to another accused, Mohd. Mustaqeem, citing prima facie evidence of his involvement in the alleged offenses.
Justice Amit Bansal agreed with the Prosecution, stating, “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 offenses punishable with death or imprisonment for life.”
The bench further stated, “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 highlighted that the applicant had been identified by an eyewitness as the person responsible for the fatal gunshot, and based on these statements, it can’t be asserted that identification relied solely on a ten-second mobile phone video clip.
The FIR, filed on February 28, 2020, falls under Sections 302,149,147,148,436,120B, and 34 of the Indian Penal Code, 1860 (IPC) at Police Station Dayalpur.
Initially lodged at Dayalpur police station, the case was later transferred to the SIT of the Crime Branch of Delhi police.
