A Delhi Court has granted bail to an accused in the Jahangir puri violence case in view of his tender age. However, Delhi police had opposed the bail plea saying that the accused was allegedly possessing illegal arms and he used them for terrorising the opposite group.
This case is connected with the violence that erupted between two groups during a procession on the occasion of Hanuman Jayanti on April 16, 2022. Delhi has already filed a charge sheet. Additional Sessions Judge Smita Garg of Rohini District Court while granting bail said that considering the overall facts and circumstances of the case and the tender age, the applicant Sujal is admitted to bail on furnishing a personal bond in the sum of Rs 25,000 with one surety in like amount.
The court noted that "the applicant was initially apprehended as a child in Conflict with Law (CCL) on April 16, 2022, and released on bail but was again arrested after he was found to be an adult. The investigation related to him is complete. The trial shall take time."
"Allegation against the applicant is that he has been identified by Constable Pritam as one of the perpetrators actively participating during the incident with a pistol in his hand. No CCTV Footage of the applicant has been found. Recovery of the firearm has already been effected," the court observed in the order passed on September 7.
The counsel for accused Sujal submitted that neither he was a part of the procession of Hanuman Janamotsav nor he was present at the spot and therefore, he was not seen in any of the CCTV footage obtained and analysed by the investigating agency. He further submitted that as per the charge sheet, the location of the applicant on the date of the incident was that of Noida and that no independent witness has stated regarding the presence of the applicant at the spot on the date of the incident.
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He has submitted that only Ct. Pritam has stated regarding the involvement of the applicant in the incident in question but not much reliance can be placed on his statement as it suffers from inconsistencies in the same. He submitted that the co-accused Jahid and Babuddin have already been granted regular bail by the Hon’ble High Court of Delhi and thus, the applicant is also entitled to bail on the ground of parity.
While opposing the bail plea Additional Public Prosecutor (APP) for State contended that the applicant was the active member of the unlawful assembly and has been duly identified by the eye witness Ct. Pritam participated in the incident of riot. He also submitted that from the possession of the applicant, one country-made pistol and cartridge have been recovered which was used by him during the incident for terrorising the opposite group.
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