Part Of Unlawful Assembly: Bail Granted to Two Murder Accused in 2020 Delhi Riots Case

GG News Bureau
New Delhi, 19th Dec. The Delhi High Court on Monday granted bail to two accused individuals and denied relief to another in a murder case related to the 2020 North East Delhi riots.

The high court granted bail to Arif and Anish Qureshi, stating that their participation in an unlawful assembly does not automatically imply an intention to commit murder. The court acknowledged that the trial is expected to be lengthy, and it would be unfair to keep the applicants in custody indefinitely.

However, Justice Amit Bansal denied bail to accused Mohd Mustaqeem, as there is evidence to suggest his involvement in the alleged crimes of murder and rioting, among others.

The case revolves around the killing of Rahul Solanki on February 24, 2020, during the communal riots.

According to the FIR, one of the rioters fired a pistol, resulting in the man’s death.

The prosecution claims that Mustaqeem was part of the mob and actively participated in rioting and looting. Witnesses allegedly identified him as the person who shot Rahul Solanki.

The high court, after reviewing the witness statements, concluded that Mustaqeem had been positively identified as the shooter, and not solely based on a 10-second mobile phone video clip.

“In light of these statements, it cannot be stated that the applicant has been identified only on the basis of the 10-second mobile phone video clip,” it said.

“On a prima facie view, there is material on record to show the involvement of the applicant (Mustaqeem) in the alleged offences. I am in agreement with the submission of the special public prosecutor that the applicant cannot be granted bail only on account of long incarceration, as the applicant has been charged with offences punishable with death or imprisonment for life.

“Considering the aforesaid facts and circumstances in the present case and the fact that material witnesses are yet to be examined, this court does not find any ground to grant bail to the applicant at this stage,” the judge said.

While granting bail to Arif and Qureshi, the high court said merely because the applicants were part of an assembly, it cannot be assumed that the common object of the assembly was to commit a murder or that the applicants knew that a murder was likely to be committed. It is the prosecution’s case that co-accused Mohd Mustaqueem shot the man.

The high court granted bail to them on furnishing a personal bond of ₹ 35,000 each with a surety, directed them not to leave the country without prior permission of the court concerned and to not engage in any criminal activity.

Communal riots had broken out in North East Delhi on February 24 after clashes between Citizenship (Amendment) ACT (CAA) supporters and those opposing it spiralled out of control, leaving at least 53 people dead and around 700 injured.