New Delhi, Dec 18 – The Delhi High Court on Monday granted bail to Arif and Anish Qureshi, held since March 2020 in connection with a Delhi riots case where Rahul Solanki died.
Justice Amit Bansal noted the prolonged trial duration and absence of evidence linking them to a planned murder.
However, bail was denied to Mohd. Mustaqeem, identified as the person who shot the fatal bullet, based on eyewitness testimony.
The case (FIR 75 of 2020) involves charges under Sections 302, 149, 147, 148, 436, 120, and 34 of the Indian Penal Code.
While observing the applicants were participants of an assembly, Justice Bansal sais that mere association doesn’t imply knowledge of a potential murder.
The prolonged judicial custody, charge sheet filing, and pending prosecution evidence contributed to the grant of bail to Arif and Qureshi. In contrast, Mustaqeem’s alleged involvement in serious offences, combined with the gravity of charges, led the court to deny bail despite the extended incarceration period.
The court observed the charges, punishable by death or life imprisonment, as a factor influencing the decision.
“I am in agreement with the submission of the learned SPP that the applicant cannot be granted bail only on account of long incarceration, as the applicant has been charged with offences punishable with death or imprisonment for life,” the court observed.
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