The Delhi High Court on Friday sought response of the city police in a bail plea filed by one Babuddin, an accused in relation to the clashes that broke out last month in city's Jahangirpuri area during a Hanuman Jayanti procession.
A single judge bench comprising of Justice Yogesh Khanna issued notice on the bail plea challenging the Trial Court order denying the accused bail in the matter.
Advocates K.C. Mittal, Yugansh Mittal, KPS Shekhawat, Mobina Khan and Sachin Kaushik appeared for the applicant.
The FIR was registered under sec. 147, 148, 149, 186, 353, 332, 323, 427, 436, 307 ,120B of the Indian Penal Code and sec. 27 of the Arms Act. Babuddin has been under judicial custody since April 27, 2022.
While denying Babuddin bail in the matter, the Trial Court had observed that he was identified on the basis of CCTV footage recorded on the day of the incident and also by one eye-witness. It was also observed that the statement of the eye-witness, a head constable, reflected a prima facie role of the accused in the riots.
In this backdrop, the bail plea argued that the Trial Court failed in considering the fact the said procession was not peaceful and carried without the permission of the concerned authorities, along with the fact that another FIR was registered against the processors with respect to the same.
According to the accused, it has been stated that neither his shop or house nor the camera, on which footage the prosecution relied upon, falls in the path of the said procession.
Therefore, the whole story with respect to the Applicant of the prosecution is concocted and false, the plea adds.
The plea also submits that the accused had no connection with the co accused Ansar and the that the prosecution failed itself to produce material evidence to prove the association.
"That when the prosecution failed in associating the Applicant with the main accused, Ansar, made a blatant, false and fabricating story to implicate the Applicant, which even cannot be corroborated from the video itself the prosecution played before the Ld. ASJ," the plea states.
The plea also submitted that the Trial Court failed in appreciating and considering the true facts and circumstances with respect to the Applicant in the correct chain of events.
"Further, it is submitted that the Ld. ASJ failed in considering the location of the Applicant, even according to the prosecution on the basis of CCTV footage, was at far distant from the point of incident," the plea adds.
The plea added that the Trial Court also failed in considering the fact that the location of the accused was around his shop or home which did not even fall in the amidst of the path of said procession.
"Moreover, the Ld. ASJ failed in considering the fact that the Applicant was at his shop/dhaba to sell the food," the plea read.
Case Title: Babuddin v. State