New Delhi, Sep 15 (PTI) The Delhi High Court has granted bail to two men, accused of firing bullets during the north-east Delhi riots last year, saying the injury received to the victim was not a gunshot but by a stone.
The high court said it deems it fit to grant regular bail to the two accused on furnishing a personal bond of Rs 50,000 each with two surety bonds of the like amount.
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“Considering the material placed on record and the fact that the injury received to Azim was not by a gunshot but by a stone, this court deems it fit to grant regular bail to the petitioners,” Justice Mukta Gupta said.
The high court directed the two accused not to leave the country without prior permission of the court concerned and intimate the court in case of change of their residential address or mobile number or sureties.
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It said, “needless to note that any observation made herein above is only for the purpose of coming to a prima facie conclusion in relation to the grant of bail and the same will have no bearing on merits during the course of trial”.
According to the prosecution, the two men — Shiva and Nitin —
who are accused of rioting were armed with deadly weapon and attempted to commit culpable homicide under the IPC and under the Arms Act.
The accused persons, represented through advocate Pritish Sabharwal, contended that at the place of incident in Brahm Puri, pelting and firing took place between both the sides and that Nitin was not even identified in the CCTV footage.
Regarding Shiva, who was allegedly holding the pistol in his hand, Sabharwal said he was only seen firing in the air and no gunshot injury has been received to the complainant or any other victim.
The FIR was lodged on the statement of injured Azim, alleging that on February 25, last year, he was present at his house and heard a commotion outside and he saw a mob of around 20-25 people were moving towards Matin Masjid and chanting slogan ‘Jai Shree Ram’.
He alleged that they were damaging property, pelting stones and firing bullets and meanwhile, a stone hit his head.
Due to the spread of riots, he did not come out of his house but when his pain aggravated, he was admitted to RML Hospital and later, he was operated and the nature of his injury has been opined to be grievous.
The special public prosecutor opposed the bail applications saying that the two accused are very much seen in the CCTV footage and are identified by the beat Constable.
He said Shiva was seen with the pistol and since pursuant to the unlawful assembly, injury was caused to Azim, no case for bail was made out.
The court said accused Shiva was granted interim bail by the high court during the pendency of these petitions and there was no allegation that he misused the concession.
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