The Delhi High Court on Thursday (12th November) granted bail to an accused, Saiyad Iftikhar in connection with the case of violence in north-east Delhi (February 2020).
The Bench of Justice Suresh Kumar Kait took into account the fact that when he (Petitioner/Accused Saiyad Iftikhar) was arrested he was wearing spectacles; however, in CCTV footage he was not seen wearing spectacles.
The Delhi High Court was hearing the Petition/Application filed by the Petitioner/Accused Saiyad Iftikhar under section 439 Cr.P.C. for grant of regular bail in pursuance to FIR No.165/2020 for the offences punishable under Sections 147/148/149/436/380 IPC registered at Police Station Bhajanpura.
The High Court, in its order, noted,
"It is not in dispute that the petitioner's eyesight is weak (-3.75) and when he was arrested he was wearing spectacles."
However, the Court further noted that the petitioner was arrested on the basis of CCTV footage along with co-accused Ali Hasan "but the admitted fact is that in CCTV footage petitioner is not wearing spectacles."
The Court also observed,
"The alleged incident is dated 24.02.2020 at 21:31.50 hour. Thus, it cannot be believed that a person having such weak eyesight would have clear vision at night without spectacles.
Moreover, the Court noted that CDR was not on record, "whereby it could have been established that the petitioner was available at the site."
Further, taking into account such facts and the fact that petitioner was in JC since 11.04.2020, the Court observed that petitioner deserved bail.
Accordingly, he was directed to be released on bail forthwith on his furnishing a personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of Trial Court/Duty Judge.
The petition was, accordingly, allowed and disposed of.
Case title - Saiyad v. State [Bail Appln. 2848/2020]