NEW DELHI: A Delhi court Thursday dismissed the bail application of a man in a northeast Delhi riots case, saying he was allegedly actively involved in the rioting and can be seen in a video footage holding an iron rod in the violent crowd.
Additional Sessions Judge Amitabh Rawat dismissed the bail application of Rifaqat Ali in the case related to the death of one Amaan due to gunshot injuries during the riots in Jafrabad area.
The court said Ali had allegedly forwarded a few hate messages to other persons, but later, deleted them.
It said his mobile phone was recovered, seized and sent for expert opinion as also to retrieve the deleted data.
It further said that the cap worn by him on the day of the incident has also been recovered.
As stated in the charge sheet, the total number of police personnel stated to be injured in the entire incident is 19.
Injuries to so many police personnel at the site shows the gravity of the situation and the offence committed.
There is also no doubt that Amaan also died in the incident as a result of the gunshot injury.
"Moreover, in the present case, there is a video footage of the accused (Ali) showing him as part of the rioters. He is also holding iron rod in the violent crowd - Moreover, in the present case, accused is not only actively involved in the rioting and added to it is the action of other accused persons evidenced from video footage, which clearly shows violence by the unlawful assembly," the court said in its order.
The court noted that during the riots, there was gathering of unlawful assembly and consequent assault on police officials, attempt to murder, murder with weapon, disobedience to the order of public servants, criminal conspiracy besides destruction to public property.
During the hearing, advocate Abdul Gaffar, appearing for Ali, argued that the death of Amaan due to gunshot injury was not directly attributable to the accused and there was no direct evidence linking him to the offence.
He further said it was an admitted case of the prosecution that Ali was not the person who fired upon the victim or caused injuries to him but the police have alleged that he was allegedly a part of the riotous mob on the day of the incident.
Special Public Prosecutor Rajeev Krishan Sharma, appearing for the police, opposed the bail saying Ali was arrested in the case as his presence was established on the basis of videography and disclosure statements of earlier arrested accused persons.
Sharma further said that the accused's presence was also established at the spot as per his mobile phone location and the cap worn by him as seen in the video was recovered at his instance.
The public prosecutor further alleged that Ali had forwarded a few hate messages to other persons, which was incriminating in nature.
Communal violence had broken out in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.