A Delhi court on Monday dismissed a bail plea of a man arrested in a case related to burning of a private school during communal violence in north east Delhi in February, considering the damages caused to public and private property and also to human life during the riots.
Shahrukh Malik was among the 18 arrested for alleged involvement in burning and damaging the property of DRP Convent School during the riots on February 24.
Additional Sessions Judge Vinod Yadav refused to grant the relief to Malik after taking note of the submission of the investigating officer of the Delhi police that his call detail records showed he was present at the place of the incident.
"Considering the facts and circumstances of the case in totality and particularly bearing in mind the damages to the public and private property and also to human life during the aforesaid riots, I do not find it to be a fit case for grant of bail to the applicant (Malik)," the judge said in his order.
Faisal Farooq, owner of Rajdhani School in Shiv Vihar locality, was one of the arrested persons in the case who was granted bail by the court on June 20 as it was prima facie not established that he was present at the spot at the time of incident.
DRP Convent School was adjacent to the Rajdhani School.
The court noted that in case any fresh material about terror funding or criminal conspiracy is collected by the police, then appropriate proceedings for cancellation of bail of co-accused Farooq in the matter may be sought.
Delhi Police on Monday challenged the trial court's order granting bail to Farooq in the Delhi High Court which has listed it for hearing on Tuesday.
During the hearing held through video conferencing, advocate A A Khan, appearing for Malik told the trial court that the accused Malik has been falsely implicated in the matter as he was not there at the time of riots and had gone to perform the morning prayers at Eidgah, Kasabpura, Delhi on February 24 at the time of the incident.
Malik had gone to the house of his brother-in-law after that and from there he had gone to somewhere else which was not the place of the incident, the lawyer said.
He further said that co-accused Farooq has already been granted bail in the case.
Additional Public Prosecutor Taufeeq Ahmed, appearing for the state, opposed the bail application saying the role of Farooq was completely different from that of Malik in the matter.
Farooq was not found at the spot as per the prima facie observation given by the court, but there was clear and cogent evidence against Malik of being at the spot at the time of riots, Ahmed said.
The counsel further submitted that through the call detail records, Malik's location has been found to be at DRP School along with other rioters.
The court had on June 20 granted bail to Farooq and said that the charge sheet filed against him in the case was bereft of material showing his alleged links with Popular Front of India, Pinjra Tod group and Muslim clerics.
The Delhi Police had on June 3 filed a charge sheet before the court against Farooq and 17 others in the incident in which the building of a private school was burnt down in North East Delhi.
The Crime Branch of Delhi police had filed the charge sheet against the accused for allegedly conspiring with Popular Front of India, Pinjratod group, Jamia Coordination Committee and Hazrat Nizamuddin Markaz for creating riots, in and around his school.
It has also been alleged that protestors against the CAA had received funds from PFI, formed in 2006 in Kerala as a successor to the National Democratic Front (NDF).
Pinjra Tod (Break the Cage) was founded in 2015 with an aim to make hostels and paying guest accommodations less restrictive for women students.
In 2015, Jamia Millia Islamia University had issued a notice restricting female students from staying out after 8 pm. When the Delhi Commission for Women (DCW) questioned the Jamia administration on it, a group of women students decided to protest against the restrictions not only in Jamia but other universities in Delhi.
Later named as Pinjra Tod, the group mobilised people around several issues faced by female residents of hostels and PGs.