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HC Grants Bail to Man Accused of Rioting and Theft During Communal Violence in Northeast Delhi

File photo of a car burnt during the riots in Northeast Delhi in February this year.

File photo of a car burnt during the riots in Northeast Delhi in February this year.

The court noted that there were no call detail records (CDR) to establish that the accused was available at the site on the particular day.

The Delhi High Court has granted bail to a man arrested for alleged rioting and theft during the communal violence in northeast Delhi in February. The court noted that there were no call detail records (CDR) to establish that the accused was available at the site on the particular day.

Justice Suresh Kumar Kait granted bail to Saiyad Iftikhar, who was arrested by the Delhi Police on April 11, on furnishing a personal bond of Rs 15,000 and a surety of the like amount. "Keeping in view the fact that petitioner is in judicial custody since April 11, therefore, I am of the view that the petitioner deserves bail," the judge said.

The high court directed him not to directly or indirectly influence any witness or tamper with the evidence. Iftikhar, represented through advocate Mehmood Pracha, sought bail in the case.

The police arrested Iftikhar for the alleged offences of rioting, theft and causing mischief by fire or explosive substance with an intent to destroy a house under the IPC. The case was lodged against him at Police Station Bhajanpura in North East Delhi. The high court noted in its order that it was not in dispute that Iftikhar's eyesight is weak, having a power of minus 3.75 and when he was arrested he was wearing spectacles.

The petitioner was arrested on the basis of CCTV footage along with co accused Ali Hasan but the admitted fact is that in CCTV footage, Iftikhar is not wearing spectacles. "The alleged incident is dated February 24 at 21:31.50 hour. Thus, it cannot be believed that a person having such weak eye sight would have clear vision at night without spectacles. Moreover, CDR is not on record, whereby it could have been established that the petitioner was available at the site," the court said.

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


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