Delhi’s Karkardooma Court has recently granted bail to Shahrukh Pathan in one of the cases registered against him.
Pathan has been accused of injuring police personnel and one Rohit Shukla during the North East Delhi riots of February 2020.
The court has granted him bail considering the period of his custody.
Furthermore, he has been in custody since April 2020. He is to remain in custody as another case is also registered against him. Additional Sessions Judge Amitabh Rawat granted him bail on furnishing a bail bond of Rs 50,000 and 2 surety bonds by local sureties in the like amount.
The court has imposed a condition including that Shahrukh Pathan that shall not leave the jurisdiction of Delhi NCR without the prior permission of the court.
The court observed while granting bail to Shahrukh Pathan, “The court is conscious of the fact that the conduct of the accused in this case before he was arrested and even during trial, during judicial custody has been atrocious.”
The court added, “However, it remains a fact that he has been in judicial custody since April 3, 2020.”
Furthermore, the court stated that it is also conscious of the fact that accused Shahrukh Pathan is also involved in another riot case of PS-Jafrabad where he is stated to have made an attack on the life of the police official, however, stated that the case will be dealt with on its own facts.
In the overall facts and circumstances of the case where accused Shahrukh Pathan has been in custody since April 3, 2020, the stage of the prosecution evidence, where public witness/injured Rohit Shukla has been examined and relevant remaining witnesses are all police officials and all other co-accused persons are on bail, the present bail application of accused Shahrukh Pathan alias Khan is allowed and he is admitted to regular bail on furnishing his personal bond in the sum of Rs.50,000/- with 2 local sureties of the like amount, the court ordered on October 7.
Advocate Khalid Akhtar, counsel for the accused argued that the charge sheet has already been filed and the accused has been in custody since April 3, 2020.
Furthermore, it was also argued that the statement/allegations of Rohit Shukla don’t inspire confidence as his statement under Section 161 Cr PC on different dates have marked discrepancies and his deposition in court has improved.
The bail application had been opposed by the Special public prosecutor Anuj Handa stating that on February 24, 2020, at about 11.30 PM riots broke out at Maujpur Chowk, Jafrabad leading to stone pelting and firing incidents among anti-pro-CAA protestors, resulting in causing injuries to several police officials as well as public persons.
SPP also submitted that during the investigation CCTV Camera footage of the nearby spot was also collected and examined in the wake of the statement of injured Rohit Shukla. SPP submitted that the CCTV footage of a camera had been installed at Metro Pillar NO.208 showed accused Shahrukh Pathan carrying a pistol and firing from the same and running towards Maujpur Chowk along with another rioting mob.
SPP added, the CCTV Footage wherein accused Shahrukh was visible showed him wearing a Red T-shirt and blue pants similar to the description provided by injured Rohit Shukla.
It was also stated that charges have been framed against the accused in December 2021.
This case pertains to an FIR registered at police station Jafrabad in February 2020. Another case was also registered against him.
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