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Delhi Riots-Merely Because He Is Tahir Hussain's Brother, He Can't Be Jailed For Infinity: Delhi Court Grants Bail To Shah Alam

Sparsh Upadhyay
13 Dec 2020 2:49 PM GMT
Delhi Riots-Merely Because He Is Tahir Hussains Brother, He Cant Be Jailed For Infinity: Delhi Court Grants Bail To Shah Alam
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Shah Alam is the younger brother of former AAP councillor and Prime Accused in the NE Delhi Riots Case, Tahir Hussain.

While questioning the credibility of the witness in the case, the Karkardooma Court (Delhi) on Wednesday (09th December) granted bail to Shah Alam, the younger brother of former Aam Aadmi Party councillor and Prime Accused in the NE Delhi Riots Case, Tahir Hussain, in one of the cases related to the riots. The Additional Sessions Judge Vinod Yadav disposed of the bail plea of...

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While questioning the credibility of the witness in the case, the Karkardooma Court (Delhi) on Wednesday (09th December) granted bail to Shah Alam, the younger brother of former Aam Aadmi Party councillor and Prime Accused in the NE Delhi Riots Case, Tahir Hussain, in one of the cases related to the riots.

The Additional Sessions Judge Vinod Yadav disposed of the bail plea of Shah Alam, while questioning the beat constables as to why they waited till 06.03.2020 (when their statements U/s 161 Cr.P.C was recorded by the IO) to name the applicant (Shah Alam), when they had categorically seen and identified the applicant indulging in riots on the date of incident, i.e 25.02.2020.

The Court said,

"Being police official(s), what stopped them from reporting the matter then and there in the PS or to bring the same in the knowledge of higher police officers. This casts a serious doubt on the credibility of these witnesses."

Importantly, the Court said,

"The prosecution has not been able to point out the role of applicant being different/distinct to the aforesaid co-accused persons, except for the fact that applicant is younger brother of principal accused Tahir Hussain."

Notably, the Court also remarked,

"He cannot be made to incarcerate in jail for infinity merely on account of the fact that he is younger brother of principal accused Tahir Hussain or that other persons who were part of the riotous mob have to be identified and arrested in the matter."

The instant Case (FIR No.80/2020) is a "general case" about the use of the building of principal accused Tahir Hussain by the rioters as well as commission of acts of arson and looting of public and private property(ies).

In this backdrop, the Court said,

"In this case, only one witness has been added. I have been taken through his complaint, and upon a perusal of the endorsement made on the complaint, it appears that the name of this witness has been kept deliberately in this case, as there was no other independent witness."

Further, considering the facts and circumstances of the case in totality, applicant Shah Alam was admitted to bail in the matter on his furnishing a Personal Bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with one surety in the like amount to the satisfaction of Ld.CMM/Ld.Illaka MM/Ld.Duty MM.

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