The Delhi High Court has granted bail to a man, arrested in connection with alleged rioting and theft during the north-east anti-Muslim Delhi pogrom, noting that there were no call detail records (CDR) to establish that he was at the site on that particular day, Live Law reported.
The Bench of Justice Suresh Kumar Kait granted bail to Saiyad Iftikhar keeping in view that he has been in judicial custody since he was arrested by the Delhi police on April 11. Iftikhar had been arrested for the alleged offences of rioting, theft and causing mischief by fire or explosive substance with an intent to destroy a house. The court took into account the fact that when Iftikhar was arrested, he was wearing spectacles, however, in CCTV footage he was not seen wearing spectacles.
The High Court, in its order, noted, “It is not in dispute that the petitioner’s eyesight is weak (-3.75) and when he was arrested he was wearing spectacles.”
The Court also observed, “The alleged incident is dated 24.02.2020 at 21:31.50 hour. Thus, it cannot be believed that a person having such weak eyesight would have clear vision at night without spectacles.
However, the Court further noted that the petitioner was arrested on the basis of CCTV footage along with co-accused Ali Hasan “but the admitted fact is that in CCTV footage petitioner is not wearing spectacles.”
Moreover, the Court noted that CDR was not on record, “whereby it could have been established that the petitioner was available at the site.”
Further, taking into account such facts and the fact that petitioner was in judicial custody since April, the court observed that petitioner deserved bail.
Accordingly, he was directed to be released on bail forthwith on his furnishing a personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of Trial Duty Judge.