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Delhi Riots: Court Dismisses Bail Plea of Man Arrested in Murder Case

Image for representation. A woman looks at a mosque damaged during the recent communal riot in Delhi, at Old Mustafabad area in Northeast Delhi, Saturday, February 29, 2020. (PTI Photo)

Image for representation. A woman looks at a mosque damaged during the recent communal riot in Delhi, at Old Mustafabad area in Northeast Delhi, Saturday, February 29, 2020. (PTI Photo)

The court said in its July 18 order that the case was sensitive in nature and there were serious allegations against the accused.

A Delhi court has dismissed a bail application of a man arrested in connection with a case related to the killing of a local resident during the communal violence in north-east Delhi in February, saying he may threaten the public witnesses who lived in his locality.

Additional Sessions Judge Vinod Yadav rejected the bail plea of Pardeep Rai in the murder case of one Monis in Brijpuri area.

The court said in its July 18 order that the case was sensitive in nature and there were serious allegations against the accused.

"The case is very sensitive in nature. The possibility of the applicant (Rai) threatening the public witnesses, who are yet to be examined cannot be ruled out, as they are residents of the same locality.

"Considering the facts and circumstances of the case in totality, I do not find it to be a fit case for grant of bail. The bail application is accordingly dismissed," the judge said.

During the hearing held through video-conferencing, Special Public Prosecutor Manoj Chaudhary, appearing for the state, opposed the bail plea saying an eye witness in the case had identified Rai to be part of a mob who had allegedly beaten Monis with sticks and swords and also pelted stones as soon as they came to know that he belonged to the Muslim community.

This eye witness further stated that Monis had tried to escape, but fell on the ground and later the police staff deployed at Brijpuri saved him and sent him to the hospital, the public prosecutor said.

Advocate Aakash Verma, appearing for Rai, told the court the accused was picked up from his house by the officials of the Crime Branch of the Delhi police and falsely implicated in this case.

Rai worked as a taxi driver and had clean past antecedents, the lawyer said and claimed that no recovery of any kind has been effected from him in the case and the reliance upon his call detail records location by the police was of no consequence, as he was the resident of the locality nearby the alleged scene of incident.

The lawyer further alleged that two prosecution witnesses were "planted" witnesses.

The prosecutor said that during scrutiny of the calls made to police control room (PCR) during the riots, one caller by the name of Shashikant was identified, who had made several calls regarding eruption of riots in the area and death of several persons, including Monis.

Chaudhary said that Shashikant in his statement categorically disclosed Rai's names among others, who had allegedly given beatings to the victim and taken away his mobile phone.

Besides, five police officials have also identified Rai to be part of the mob which had allegedly killed Monis, the public prosecutor said.

According to the prosecution, on February 25 Monis was returning back from his father's home and was carrying sweets and when he reached Yamuna Vihar bus stand he found that riots had erupted in the area.

He was allegedly caught by a mob, beaten severely due to which he succumbed to his injuries at the hospital.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.

first published:July 20, 2020, 21:18 IST