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Police Version Contradicts CCTV Footage: Delhi High Court Grants Bail to Riots Accused. [READ ORDER]

The Delhi High Court bench of  Justice Suresh Kumar Kait, on Thursday (12th November), granted bail to an accused, in the case of Saiyad v. State which related to the violence in north-east Delhi.

By: Megha Ravindran, BBA LLB, Nehru Academy of Law.

Brief of the case

The petitioner was arrested based on CCTV footage along with co-accused Ali Hasan concerning the case of violence in north-east Delhi in February 2020.

The FIR was registered at Police Station Bhajanpura of FIR No. 165/2020 for the offenses punishable under Sections 147,148,149,436,380 of the Indian Penal Code.

The accused Saiyad filed a petition under section 439 Cr. P.C for grant of regular bail.

Observation of the court

The Court observed that “It is not in dispute that the petitioner’s eyesight is weak (-3.75) and when he was arrested he was wearing spectacles. But the admitted fact is that in CCTV footage petitioner is not wearing spectacles.”

Justice Suresh Kumar Kait noted that “The alleged incident is dated 24.02.2020 at 21:31.50 hour. Thus, it cannot be believed that a person having such weak eyesight would have clear vision at night without spectacles”. 

CDR was not recorded whereby it could have been established that the petitioner was available at the site. The Delhi High Court granted bail to the accused with a personal bond in the sum of Rs.15000/- with one surety.

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