North-East Delhi riots: Court grants bail to accused noting contradiction in time of alleged incident

New Delhi [India], February 10 : The Karkardooma Court on Friday granted bail to a man accused of rioting and setting a shop on fire during the North-East Delhi riots, noting the contradiction in the time of the alleged incident.
The case pertains to an FIR registered in Gokul Puri police station in 2020.
His earlier three bail applications were dismissed by the court.
Additional Sessions Judge (ASJ) Pulastya Pramachala granted bail to accused Sandeep alias Mogli after noting a contradiction in the amended charge order and the statement of the prosecution witness in relation to the time of the incident.
The court noted that on January 30, 2024, in his statement before the court, prosecution witness, Nisar Ahmed, did not say anything about the incident related to this case that took place on February 24, 2020.
It further noted that as per amended charges dated 22.08.2023, the incident at the property of the complainant, Illiyas, allegedly took place on 24.02.2020 around 11 pm.
"However, Prosecution witness Nisar Ahmed denied having seen any specific incident on 24.02.2020 at the property of complainant Illiyas. He deposed that an incident of loot etc. took place at the shop of Illiyas on 25.02.2020 at about 10 am," the court observed.
ASJ Pramachala said, "This difference in time of incident between the evidence of prosecution and the charges framed in the case at the instance of prosecution, is in my opinion an important aspect related to the case."
"This change does go in favour of the applicant, which shall have its relevance during final adjudication of the case. Therefore, I find that the applicant is entitled to bail on the basis of this material change in the circumstances," the judge noted further.
"Hence, the application is allowed and the applicant/accused is admitted to bail, on his
furnishing Personal Bond and Surety Bond in the sum of Rs 10,000 each," the court ordered on February 9.
Advocate Rakshpal Singh, the counsel for the accused, pointed out evidence to suggest that there is a material change in the circumstances in favour of the applicant.
Special Public Prosecutor for State Naveen Kumar Raheja opposed the bail application and submitted that this evidence of Nisar Ahmed does not create any material change in his favour because he had seen the applicant among others on February 25, 2020, which shows that the applicant was actually involved in the riots.
He further submitted that the defence counsel is seeking a decision of acquittal at this stage, which is not permissible in law.
It is alleged that on the evening of February 24, 2020, the applicant along with co-accused persons, was part of a riotous mob in the area of Nala Road, Bhagirathi Vihar, Delhi.
This mob vandalised and set fire to the shop and house of the complainant, Iliyas, at Main Nala Road, Bhagirathi Vihar, Delhi. The applicant is alleged to have been part of this mob, it was alleged further.