NEW DELHI: A Delhi court has dismissed the bail plea of an accused allegedly seen rioting and firing gunshots at public persons and police officials during the violence that took place in northeast Delhi in February this year.
Additional Sessions Judge Amitabh Rawat on Friday dismissed the bail plea of Vikram Singh noting that he was allegedly the part of the unlawful assembly which in the prosecution of the common object had committed the offence of rioting and firing gunshot injuries on the public persons and police officials during the violence.
"In the totality of the facts and circumstances of the case and the material available against the accused, no case for bail is made out. Accordingly, the present bail application of Vikram Singh under Section 439 Code of Criminal Procedure (CrPC) stands dismissed," the court held.
Advocate Ashok Kumar, appearing for the accused, had submitted that Singh has nothing to do with the alleged offence and that he has been falsely implicated by the police. It was further submitted that the accused has clean antecedents and is the sole bread earner of his family.
Special Public Prosecutor Saleem Ahmad while opposing the bail plea submitted there is a CCTV footage of the incident, in which the accused was seen present in the street and holding brick and stone in his hands. He was shouting and pelting stones on other groups, Ahmad submitted.
Singh was identified by complainant assistant sub-inspector Dharambir for allegedly "actively participating" in the riots. It was further submitted that as per Section 149 of the Indian Penal Code, every member of unlawful assembly is guilty of offence committed by every member of unlawful assembly in prosecution of common object.
According to the police, the present case was registered on the statement of ASI Dharamvir Singh of Welcome police station who was present at Shiv Mandir, Babarpur on February 25, 2020, when people had gathered there to protest against Citizenship Amendment Act (CAA).
However, the crowd was very aggressive and was having danda and stones with them and proceeding towards Shiv Mandir, 100 foota road from Kabir Nagar and were ready for violence, the police submitted.
It said the unlawful assembly of the first community unanimously started pelting stones and hitting dandas on the other community, which was also present at the spot, and there was violence by both which led to injuries to several persons.
A chargesheet was filed in the matter against Shamshad, Shoaib, Junaid Khan, Gurmeet Singh, Gaurav, Vishal Verma, Samim, Mohd Asif, Raj Kamal, Deepak Tomar, Vikram Singh, Sheer Miyan, Vikas Gupta and Anees Ahmad.
More than 750 cases were registered over the northeast Delhi violence, in which at least 53 people were killed and several others were injured. So far, over 250 chargesheets have been filed in the riots related cases in which 1,153 accused have been charge-sheeted.