Delhi's Rohini Court has granted bail to a person accused for rioting and murder in the Mangolpuri area in 2021.
The court granted bail in view of the fact that the accused has been in custody since February 2021. The case is at the stage of prosecution stage and the FSL report is still awaited.
Additional Sessions Judge Neeraj Gaur on Tuesday granted bail to Tajuddin. The court granted bail after considering the period of custody and other facts of the case--the relief granted on furnishing a bond of Rs 35,000 with one surety in the like amount.
While granting the bail, the court observed, " The applicant is in custody for about 2 years. The trial will take its own time. The public witnesses have not been examined but the reason, therefore, has been beyond the control of the court. The non-examination of public witnesses cannot be made an absolute ground to deny all bail applications."
The Court also observed, "Similarly, the seriousness of allegations and the gravity of the offence is also not an absolute ground to deny all future bail applications."
The Court is to strike a balance between the liberty guaranteed to the accused persons and the rights of the victims, the Court said.
Considering the relevant facts and circumstances of the case, I am of the view that the scale is tilted towards the liberty of the accused, the judge observed.
"I am of the view that it is a fit case for grant of bail to the applicant/accused," the judge said.
Advocate Ravi Drall argued that the accused is in custody since February 12, 2021. His bail application was dismissed in September 2022. The charges have been framed. Still, no witness has been examined so far for want to FSL report.
It was also argued that the prosecution has cited 46 witnesses and the number of witnesses will be increased on the filing of the supplementary charge sheet of the FSL report.
The Counsel for the accused further argued that the name of the applicant was not mentioned in the initial complaint and his name emerged by way of a supplementary statement which shows that he has been implicated by way of sweeping allegations.
The bail application was opposed vehemently by the additional public prosecutor. He submitted that the allegations are serious in nature. The bail application of the accused was dismissed in September 2022 and there are no substantial changes in circumstances since then.
This matter pertains to the incident of violence and rioting between the two communities in the Mangolpuri area in February 2021.
( With inputs from ANI )
Disclaimer: This post has been auto-published from an agency feed without any modifications to the text and has not been reviewed by an editor