Delhi Riots: Shahrukh, Man Who Pointed Gun on police in Zafarabad-Maujpur violence, refused bail

The Karkardooma Delhi court on Thursday 4 February has refused to give Shah Rukh Pathan bail on Delhi Police head constable Deepak Dahiya for firing during communal violence in northeast Delhi.

Additional Sessions Judge Amitabh Rawat dismissed the bail application under Section 439 of the CrPC, saying “what is material is the seriousness of the offense and the charges against the accused which are very serious”.

The order noted, “And added to this is the conduct of the accused that he does not satisfy the triple test of granting bail.”

On 24 February, a man, who was captured on video, deliberately branded and opened fire with a gun during the skirmishes consumed in different parts of northeast Delhi, identified as Shahrukh and Delhi Police arrested him.

The charge sheet, which lasted over 350 pages, was read against the accused under Section 147, 148, 149, 216, 186, 307, 353 and 34 in the Karkardooma Court along with Sections 34 and 34 Arms Act, and 25 Arms Act against him.

The weapon of crime, 7.65 mm pistol and 2 live rounds were recovered from Shahrukh.

What did the court say? “” The accused is alleged to have participated in the riots and was duly identified. His photograph speaks about the involvement and conduct of the accused on that day. “- Judge Amitabh Rawat, Delhi Court

The Additional Sessions Judge of the Court stated that the conduct of the accused is relevant in the case and Pathan absconded and was arrested from Shamli, Uttar Pradesh.

“The conduct of the accused and the manner in which he escaped and was subsequently arrested suggests that he is a flight risk,” Live Law was quoted as saying.

At least 53 people lost their lives in the Delhi violence of February 23-26, 581 people were injured, 97 of whom sustained gunshot wounds. The police have so far registered 751 FIRs in the respective police stations.

Pathan’s lawyer, Khalid Akhtar, submitted before the court that his client was arrested on 3 March 2020, and that COVID-19 has been “behind bars for the last 10 months despite the trial not being initiated” due to the situation.

Akhtar further said that Pathan has been “falsely implicated” in a “partisan inquiry”, and is innocent. The lawyer said that Pathan has been made a poster boy by the prosecution.

Akhtar also said that since Inspector Deepak Dahiya was not shot, no one can impose Section 307 of the IPC.

Akhtar asked the court to consider the seriousness of the offense, the nature of the evidence, the possibility of the accused’s crime, the further offenses, previous criminal antecedents, and the possibility of the accused absconding or from the process of law while considering the bail application. Report the escape procedure.

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