New Delhi, March 12 (PTI) A court here on Thursday dismissed a bail application filed by Shahrukh Pathan, an accused in a case linked to the 2020 riots in north-east Delhi, saying there had been no change in circumstances since the Delhi High Court denied him relief last year.
Additional Sessions Judge Sameer Bajpai, who was hearing the regular bail application moved by Pathan, said he cannot be granted bail because of his incarceration for the last six years.
“This court is of the view that when the high court declined bail to the applicant/accused on October 22, 2024, and the circumstances have not changed, except the fact that almost one-and-a-half years have passed, this court should not grant bail to him even now,” the order said.
Pathan, who has been in judicial custody since March 3, 2020, is facing trial in a case registered at the Jafrabad police station under several IPC provisions, including attempt to murder and charges related to rioting, assault on public servants, and offences under the Arms Act.
Presently lodged in Tihar Jail, Pathan is also accused of pointing a pistol at a constable during the riots in 2020.
The court noted that the accused had already spent more than six years in custody and had completed over half of the maximum possible sentence of 10 years prescribed for the offence under Section 307 of the IPC.
“The record shows that although initially it took a considerable time to examine the complainant and other witnesses, most of the time, the delay has been caused on the part of the accused persons only, especially the present applicant (Pathan),” the judge said.
The court said it was noted several times that the matter was delayed due to the conduct of the accused, as his counsel was not available for a very long time.
“Although all the material witnesses have been examined, the case is still at the stage of prosecution evidence, and, therefore, there is no change in circumstances,” the court said, dismissing the bail application.
Pathan was arrested on March 3, 2020, from Uttar Pradesh’s Shamli district in connection with the violent clashes that broke out in north-east Delhi on February 24, 2020, leaving 53 people dead and scores injured. PTI SKM ARI
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