Mohammad Furkan was arrested for the murder of 24-year-old Salman during the northeast Delhi riots last year. The court observed that Furkan should not remain locked up merely because others part of the riot are yet to be arrested.
A Delhi court has granted bail to Mohammad Furkan, accused in the murder of a man during the northeast Delhi riots noting that he has been in judicial custody for over a year and he should not remain in jail merely because others part of the riot are yet to be arrested.
Additional Sessions Judge Vinod Yadav granted bail to the accused, arrested for the murder of 24-year-old Salman who died due to a gunshot injury during the riots last year.
Special public prosecutor Manoj Chaudhary told the court that the “applicant has been captured in the CCTV footage at the scene of crime on the date of incident wearing religious cap and bluish T-shirt having white and red stripes.”
Furkan has been made accused in seven cases based on this footage. He has been granted bail in three cases and out of these three, the police will file a cancellation report in one case, the order stated.
The court in its order said, “The applicant has been in judicial custody in the matter for almost a year. No recovery of any sort has been effected from him. It is a matter of record that the applicant has been implicated in several cases (including the case in hand) on the basis of same/single CCTV footage. On this account, the case of applicant is totally on a different pedestal as compared to other co-accused persons whose bail applications have already been dismissed by this Court.”
“Be that as it may, investigation in the matter is complete and chargesheet has already 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.
The public prosecutor argued that the applicant’s mobile phone location suggested he was at the crime scene, he was identified by public witnesses.
AA Khan, the lawyer for Furkan, told the court there was no direct evidence available against him and no public witnesses.
Khan argued that “neither the applicant is seen carrying any firearm in the CCTV footage nor any such recovery has been effected from him.”
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