A Delhi Court has granted bail to one Tinku in a case concerning North East Delhi riots after taking note of the fact that he has already been released and enlarged on bail in five similar FIRs relating to incidents of rioting around the same locality.
Observing that his right to defend himself shall get prejudiced if not enlarged on bail, Additional Sessions Judge Vinod Yadav said:
"He has been in judicial custody since 31.08.2020. I find substance in the submissions of learned counsel that presence of applicant is necessary for effective preparation of his defence and facilitate him to participate in the trial."
"His right to defend himself shall get prejudiced, if he is not admitted to bail at this stage. Therefore, without going into the controversy and keeping in view the aforesaid fact(s), I find that applicant deserves bail in the matter."
The Court was dealing with FIR No.106/2020 PS Gokulpuri registered under sec. 147, 148, 149, 380, 427 and 436 of the IPC.
The FIR was registered on March 3 last year on the basis of a complaint of one Illiyas, alleging that his house and shop was vandalized, damaged and put on fire by the riotous mob.
It was thus submitted by the accused that he had already been enlarged on bail in similar FIRs and that charges under requisite sections were framed against him in the said matters.
On the other hand, it was submitted by the Prosecution that the riots continued for two days unabated, resulting in large number of deaths of innocent persons and loss of property worth crores of rupees.
Granting Tinku bail in the matter, the Court noted thus:
"It is a matter of record that applicant has already been enlarged on bail in case FIRs 64/2020, 79/2020, 93/2020, 98/2020 and 124/2020 (all pertaining to PS Gokalpuri) which are matters of similar nature pertaining to the incidents of rioting at or around the same area/locality."
Bail was granted to him subject to the condition of him furnishing a bail bond of Rs. 10,000 with one surety of like amount.
The accused was represented by Advocate Rajiv Pratap Singh along with Advocates Akshay Sagar, Himanshu Kumar, Hitesh Pandey and Ravi.
Title: State v. Tinku