New Delhi: The Delhi High Court on Tuesday granted bail to a cab driver who was arrested for allegedly hatching a conspiracy to incite the communal riots in north-east Delhi in February last year and in connection with the death of a police officer during the violence, observing that according to his call detail records (CDR) he was not even in the vicinity of the area where the incident occurred.
The present case, the high court noted, pertained to the communal riots which erupted in north-east Delhi on February 24 last year when a police team deployed at an “illegal protest site” at Chandbagh there was “brutally attacked without provocation” and a Head Constable, Ratanlal, was shot dead while several other policemen, including a DCP, were grievously injured.
The court said that according to the CDR of the accused cab drive — Mohd Danish — on the date of incident, February 24, 2020, “he was not even in the vicinity of the violence affected area i.e. Main Wazirabad Road”.
The court also noted that according to the CDR, no call was made by him to any of the other accused in the instant case.
“Undisputedly, there is no CCTV footage or viral video to implicate the present petitioner (Danish),” Justice Suresh Kait observed and said, “In view of the facts discussed above and the facts that charge-sheet has already been filed, the petitioner is no more required for investigation and trial of the case shall take substantial time, I am of the view, the petitioner deserves bail.”
The court directed that he be released on bail on his furnishing a personal bond in the sum of Rs 20,000 and with one surety in the like amount to the satisfaction of the trial court.
It directed Danish not to influence the prosecution witnesses during the trial and disposed of his plea seeking bail in the case.
The instant case relates to an FIR lodged under various provisions of the Indian Penal Code, including murder, criminal conspiracy, common intention, rioting, rioting with a weapon, disobeying prohibitory orders, inciting communal violence and causing hurt to a public servant during discharge of his duty, Prevention of Damage to Public Property Act and the Arms Act.