Delhi Riots: High Court Denies Bail To Accused As Prosecution Accuses Him Of Threatening Witnesses

The Delhi High Court has denied bail to an accused in a case related to the 2020 North-East Delhi riots. The FIR alleges that former Aam Aadmi Party councillor Tahir Hussain's associates stole valuable property from a godown situated at Khajuri Khas.

Justice Swarana Kanta Sharma denied bail to Shoaib Alam considering that two eye witnesses gave account of his specific role and the fact that threats were being extended to the witnesses.

“…this Court does not find it a fit case for grant of bail, at this stage, when the witnesses are yet to be examined before the Trial Court. This Court also takes note of the fact that after threat assessment of threat to the witness, the concerned authorities have provided protection to witness, for threat being real,” the court said.

Alam sought bail in an FIR registered under sections 109, 114, 147, 148, 149, 427, 454, 395, 435, 436, 153A, 505, 120B and 34 of Indian Penal Code, 1860.

A complaint was filed by one Karan alleging that around 40 to 50 associates of Tahir Hussain looted his godown and burnt various goods due to which he suffered loss of about Rs. 25 to 30 Lakhs.

It was the prosecution’s case that during investigation, it was discovered that the place of incident was situated at a distance of about 50 to 60 meters from building owned by Tahir Hussain, which was allegedly used by the rioters, including Alam, for throwing bricks, stone pelting, pelting of petrol bombs, acid bombs etc. It was alleged that two eye witnesses had specifically identified Alam.

Dismissing the bail plea, Justice Sharma noted that the prosecution has placed on record statements of two witnesses recorded on April 03, 2020 and April 20, 2020, specifically stating that Alam was involved in the incident and had instigated the mob on communal lines.

The court also noted that the beat officers of the area categorically named and assigned specific role to Alam and acts committed by him.

It said that as per the settled law regarding grant of bail, the court is expected to take into account the allegations levelled against the accused as well as the seriousness of the offence committed.

“Considering the fact that the eye witnesses have given account of the specific role played by the present applicant and the fact that threats are being extended in this case to the witnesses, this Court does not find it a fit case for grant of bail, at this stage, when the witnesses are yet to be examined before the Trial Court,” Justice Sharma said.

The court however clarified that its observations are only for the purpose of deciding the bail application and shall have no bearing on the merits of the case during trial.

Title: SHOAIB ALAM v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 208

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