Delhi Riots: High Court Grants Bail To Two Men, Denies Bail To One In Rahul Solanki Murder Case

The Delhi High Court on Monday granted bail to two men and denied bail to one in a 2020 North-East Delhi riots case where a bystander, Rahul Solanki, lost his life due to a gunshot injury.

Justice Amit Bansal granted bail to Arif and Anish Qureshi, who have been in custody since March 09, 2020, observing that the trial is likely to take a long time and they cannot be kept under incarceration for an indefinite period.

The court denied bail to Mohd. Mustaqeem observing that he was identified by an eyewitness as the person who shot the bullet which killed Solanki.

FIR 75 of 2020 was registered at Police Station Dayalpur under Sections 302, 149, 147, 148, 436, 120 and 34 of the Indian Penal Code, 1860.

On February 24, 2020, Rahul Solanki received a gunshot injury during the riots and was declared dead by the concerned doctor. His post-mortem was conducted the next day. 

The investigation was initially conducted by the police officials of Police Station Dayalpur. Later, on March 07, 2020 the probe was handed over to SIT, Crime Branch for further investigation.

While granting bail to the two accused, the court observed that the evidence on record, at best, suggested that Arif and Qureshi were a part of the unlawful assembly and it was not the prosecution's case that they were armed with a dangerous weapon.

“In my considered view, merely because the applicants were part of an assembly, it cannot be assumed that the common object of the assembly was to commit a murder or that the applicants knew that a murder was likely to be committed,” the court said.

It added: “Both the applicants have been in judicial custody since 9th March, 2020. The Chargesheet against the applicants was filed on 2nd June 2020. Thereafter, various Supplementary Chargesheets have been filed. Charges have been framed against the applicants. Till now the prosecution evidence is yet to commence. The prosecution has listed several witnesses and therefore the trial is likely to take a long while.”

Denying bail to Mustaqeem, Justice Bansal said that there was material on record to show his involvement in the alleged offences.

“I am in agreement with the submission of the learned SPP that the applicant cannot be granted bail only on account of long incarceration, as the applicant has been charged with offences punishable with death or imprisonment for life,” the court observed.

Advocate Sahim Malik appeared for accused Arif. Advocates Tanveer Ahmed Mir and Kartik Venu appeared for accused Anish Qureshi. Advocates Tara Narula, Bija Harinig, Priya Sahil and Shivangi Sharma appeared for accused Mohd. Mustaqeem

SPP Rajat Nair alongwith Advocate Dhruv Pande appeared for the State

Title: ARIF v. STATE and other connected matters

Citation: 2023 LiveLaw (Del) 1302

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