[Delhi Riots] Del HC | Accused has right to brief and consult his lawyers and to prepare his defence in view of real and not merely chimerical right to fair trial

Delhi High Court: Anup Jairam Bhambhani, J., granted bail to an accused involved in the Delhi-Riots in view of the principles of bail.

Applicant accused for offences under Sections 147, 148, 149, 427 and 436 of the Penal Code, 1860. Applicant has been in judicial custody since 03-04-2020 till date.

By the present application, bail has been sought.

An FIR was registered in February, wherein according to the police, a mob engaged in rioting and destruction of property in certain areas of North-East Delhi during which the property of Mohd. Shanawaz  was burnt down, whereupon he file a complaint around 10 days after the incident.

State alleged that the applicant was one of the persons involved in arson and rioting as stated above and the same is the reason for him being in judicial custody.

4 more cases have been listed wherein the applicant was implicated and all the cases arose from the episodes of rioting that happened in North-East Delhi in February 2020.

While opposing the bail, Amit Prasad, SPP and Tarang Srivastava, APP submitted that the applicant’s identity and presence stands confirmed by the snapshot/video-graphs of the CCTV footage from Rajdhani Public School as well as from the applicant’s own cellphone.

Applicant’s CDRs also confirmed his location at the scene of the crime at the relevant time; that the complainant’s statements also point to the involvement of the applicant; and that in his statement Ct. Vikas has in fact identified the applicant.

“Court considered the effect of Pre-trial detention has on an accused, especially on his right to brief and consult his lawyers and to prepare his defence, in order to afford to the accused a real and not merely chimerical right to fair trial, as guaranteed under Article 21 of the Constitution.”

Hence, in view of the above and applying the law and principles of bail granted regular bail subject to the following conditions:

  • Personal Bond shall be furnished of Rs 50,000 with two sureties.
  • Applicant shall not leave the National Capital Region without Court’s permission.
  • Applicant shall present himself on every alternate Saturday between 11 am and 11:30 am before the Investigating Officer.
  • Applicant shall furnish to the Investigating Officer/SHO a cellphone number on which the applicant may be contacted at any time.
  • If the applicant has a passport, he shall surrender the same to the Trial Court.
  • Applicant shall not contact, nor visit, nor offer any inducement, threat or promise to the first informant/complainant or to any of the prosecution witnesses.

In view of the above, application was disposed of. [Mohd. Anwar v. State of (NCT) Delhi, 2020 SCC OnLine Del 900, decided on 04-08-2020]

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