Delhi Riots- High Court Grants Last Opportunity To Prosecution For Responding To Location Proof Submitted By Accused In Bail Pleas

The Delhi High Court has granted one last opportunity to the Prosecution for responding to a location chart filed by one Ankit Chaudhary alias Fauzi in the two bail pleas filed by him in Delhi Riots cases. The chart shows his location as per mobile network on the alleged day.Counsel for the petitioner argued that the petitioner has been involved in fourteen FIRs and cannot be present at all the places simultaneously and secondly, the location chart of the petitioner and the coaccused are also at variance though the both numbers are of Airtel thereby not justifying the presence of two of them together. Justice Mukta Gupta ordered thus:"Last opportunity is granted to the State to file its response to the location analysis chart within two weeks."Chaudhary is accused under FIR 103 and 104/2020 alleging that bodies of certain people belonging to the Muslim community were found in a dirty drain in the Gokulpuri area after they were killed during the riots that erupted in North East Delhi last year.During the previous course of hearing, Dhruv Pande appearing for the Prosecution submitted that the said location chart was received by them last night thereby seeking some time to respond to it.He also submitted that there is a confusion as to whether the bodies found in the drain belonged to people belonging to a certain community.FIR 103/2020 relates to the murder case of one Aamin, whose body was found on March 3 when the riots erupted in the national capital last year.While dismissing Chaudhary's bail plea in the said FIR, the Trial Court, after forming a prima facie opinion that the accused was present at the spot and was "exhorting the rioters of a particular community who could have killed anybody on his instigation", observed that the accused along with others were members of a Whatsapp Group namely "Kattar Hindu Etka" wherein the language used appeared to be "highly communal in nature, clearly promoting disharmony, enmity and feelings of hatred towards the members of a particular community."The facts of the case date back to March 28, 2020 wherein the Investigation in the murder case was transferred to the SIT, Crime Branch. On April 4, Ankit was arrested who made disclosure statement regarding commission of crime alongwith other co-accused persons.On the other hand, FIR 104/2020 alleges that a dead body lying in Nala was taken out and some injury marks were found present on the body of deceased. An FIR was therefore registered under sec.147, 148, 149, 201 and 302 IPC.Case Title: Ankit Chaudhary alias Fauzi v. StateClick Here To Read Order

Delhi Riots- High Court Grants Last Opportunity To Prosecution For Responding To Location Proof Submitted By Accused In Bail Pleas

Nupur Thapliyal

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