NEW DELHI: A Delhi court has granted bail to a man in a case related to north east Delhi riots, saying the accused cannot be made to languish in jail merely on account of the fact that he was a "bad character" of the area.
Additional Sessions Judge Vinod Yadav granted the relief to Nazim on furnishing a bail bond of Rs 20,000 with one surety of like amount in the case related to rioting in Dayalpur area.
The court said Nazim has neither been named in the FIR nor are there any specific allegations against him.
"Admittedly, the applicant (Nazim) is neither visible in any CCTV footage(s)/viral video(s)" The applicant cannot be made to languish in jail in the present matter merely on account of the fact that he is a 'bad character' of the area.
"Needless to say, the investigation in the matter is complete; charge sheet has also been filed; trial in the matter is likely to take long time; applicant cannot be made to incarcerate in jail for infinity merely on account of the fact that other persons who were part of the riotous mob have to be identified and arrested in the matter," the court said in its order passed on November 28.
With regard to the alleged identification of Nizam by injured/complainant Prince Bansal, the court said the witness in his initial statement did not name and identify the accused and thereafter all of a sudden after about two months of the incident, he identified Nizam through the photographs.
The court directed Nizam not to tamper with evidence and install "Aarogya Setu" app in his mobile phone.
During the hearing, advocate Salim Malik, appearing for the accused, told the court that he has been falsely implicated in the case and was not visible in any CCTV footage.
The counsel further argued that Nizam's identification as an accused in the case by Constables Pawan and Saudan was hardly of any consequence as though they had allegedly seen the accused indulging in riots on February 25, they identified him only after the complainant's identification.
Special Public Prosecutor Amit Prasad said the accused was known to the complainant Bansal and therefore he had categorically identified him to be an alleged member of the riotous mob.
The public prosecutor further argued that Nizam was an accused in other cases of the communal riots, including the murder case of IB official Ankit Sharma, and was allegedly known as a "bad character" of Dayalpur area.
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.