13 Nov 2021 7:01 AM GMT
A Delhi Court has rejected the fourth bail plea filed by one Jalaluddin in connection with murder of Head Constable Ratan Lal and causing head injuries to a DCP during the North-East Delhi riots that rocked the national capital last year. (FIR 60/2020 PS DayalPur). Additional Sessions Judge Virender Bhat observed that the entire entire incident which took life of Ratan Lal and injured...
A Delhi Court has rejected the fourth bail plea filed by one Jalaluddin in connection with murder of Head Constable Ratan Lal and causing head injuries to a DCP during the North-East Delhi riots that rocked the national capital last year. (FIR 60/2020 PS DayalPur).
Additional Sessions Judge Virender Bhat observed that the entire entire incident which took life of Ratan Lal and injured other officials, was sufficient to hold that Jalaluddin actively participated in the incident by pelting stones on the police officials thereby justifying invocation of sec. 147 IPC read with sec. 302 IPC against him.
The Court also said that there was every likelihood that Jalaluddin may approach or influence the only public witness namely Vishal Chaudhary, if released on bail.
Jalaluddin's three bail applications were dismissed as withdrawn in June last year, July and September this year respectively.
It was thus submitted on behalf of Jalaluddin that the only change in circumstance in filing the fourth bail plea is the fact that the other co accused namely Md. Arif, Furkan, Shahdab Ahmed, Suvaleen and Tabassum were granted bail in the said case by the Delhi High Court in September.
Accordingly, it was vehemently argued that the allegations against Jalaluddin and the evidence put forth against him were similar to the allegation and the evidence against the coaccused and therefore, he was also entitled to be released on bail on the ground of parity.
On the other hand, the prosecution submitted that from the video collected by the public witness, Jalaluddin was clearly seen in the violent mob forcing the shopkeeper to switch off all the CCTV cameras installed in their shops before the start of the riot and was also seen pelting stones on the police party.
The prosecution also argued that the evidence against Jalaluddin were similar as against the other coaccused namely Sadiq @ Sahil whose bail application was dismissed by the High Court.
"Perusal of the above referred orders passed by the Hon'ble High Court would clearly reveal that the case of the prosecution against the applicant and the evidence projected against him is totally different from the case/evidence against the five coaccused who have been granted bail but is similar to the case/evidence against the sixth accused Sadiq @ Sahil whose bail application has been dismissed," the Court said.
The Court observed that the presence of Jalaluddin at the Scene of Crime was quite evident which manifests that he was not a curious onlooker or bystander.
"The manner in which he was pelting stones towards the police personnel who were being beaten by the other members of unlawful assembly, clearly indicates that he shared the common object of the unlawful assembly i.e. to cause injuries by the police personnel and to kill them. He has neither made any attempt to stop the other members of the assembly from beating the police personnel nor did he try to disassociate from the assembly. To the contrary, he is seen actively pursuing the object of the common assembly by pelting stones upon the police officials," the Court added.
Accordingly the bail plea was rejected.
About FIR 60/2020 (P.S. DayalPur)
FIR 60/2020 was registered on the statement of a Constable stating that on 24th February last year, he was on the law and order arrangement duty with other staff members at Chand Bagh area.
It was stated that around 1 PM protesters carrying danda, lathies, baseball bats, iron rods and stones started gathering at the main Wazirabad road and did not pay heed to the directions of senior officers thereby became violent.
It was further stated that after repeated warnings to the protestors, mild force and gas shells were used to disperse the crowd. According to the Constable, violent protesters started beating people as well as police personnel, due to which he himself sustained injury on his right elbow and hand.
He also stated that the protestors attacked DCP Shahdara, ACP Gokulpuri, and Head Constable Rattan Lal due to which they fell on the road and sustained grievous injuries. All the injured persons were taken to hospital, where it was found that HC Rattan Lal had already died due to injuries sustained and DCP Shahdara was unconscious and had sustained head injuries.
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