A Delhi court on Monday granted bail to three persons in a north east Delhi riots case, saying the investigation carried out was perfunctory and the charge sheet was filed in a lackadaisical manner. Additional Sessions Judge Amitabh Rawat granted the relief to Osama, Aatir and Gulfam on furnishing a bail bond of Rs 10,000 with one surety of like amount each in the case related to the looting and burning of a fruits godown during the rioting in Jafrabad area on February 25 last year.
The court said the list of witnesses filed with the reply of the police to the bail pleas mentioned some witnesses but no such statements had been filed with the charge sheet in May last year. It noted the reply to the bail pleas mentioned that the statements of two alleged eye witnesses have been recorded by the police, which would be filed with the supplementary charge sheet.
After going through the bail applications, reply and particularly charge sheet, I cannot help but notice the carelessness with which the charge sheet has been prepared and filed. The investigation carried out, is perfunctory. The list of witnesses filed, mentions some witnesses. However, no statement under section 161 (examination by police) CrPC of any of the witnesses has been filed with the charge-sheet. The charge-sheet was filed on May 22, 2020, in a very lackadaisical manner, the judge said in his order. The court directed the three accused persons not to tamper with evidence or leave Delhi without its permission.
It said that as per the charge sheet, they were arrested in April after they allegedly disclosed their roles in the case when they were arrested in another case related to the riots. During the hearing, advocate Abdul Gaffar, appearing for the accused, claimed they have been falsely implicated in the case.
Special Public Prosecutor Uttam Dutt, appearing for the police, opposed the bail pleas saying they were allegedly involved in the rioting. Communal violence had broken out in northeast Delhi on February 24 last year 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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