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Delhi High Court dismisses trial court order granting bail to an accused in Delhi riots case

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New Delhi (ILNS): The Delhi High Court today set aside order of the trial court allowing bail to the North East Delhi riots accused Faisal Farooq.

A single-judge bench of Justice Suresh Kait cancelled the bail granted to Farooq on June 20 by Additional Sessions Judge Vinod Yadav, by stating that the ASJ had failed to appreciate that while deciding an application for bail, the interest of the society is also to be safeguarded.

It said that “personal liberty of an individual though precious, is of little value if the larger interest of the people and nation are at stake”.

The petition has been filed by Delhi Police challenging the June 20 order of the trial court seeking cancellation of his bail.

Justice Kait in his order has said that the accused is clearly seen in CCTV footage behind Rajdhani School on February 24 and in front of Rajdhani School till 02:08 pm; thereafter he left the school. The judge said that he allowed his school premises to be used by rioters to attack the opposite party. 

He said it is an admitted fact that Farooq left the spot with instructions that the rioters should be allowed inside the school building. Riots started after he had left the spot.“The accused has been charged with criminal conspiracy. His absence at the spot does not absolve him of his liability in this case,” the court said in a 21-page judgment. 

The court said that it seems the riots were carried out in such an organized manner that a large size iron catapult was manufactured and installed at rooftop of the school of respondent for pelting stones and petrol bombs downwards, this sort of instrument can never be made in a spur of moment. It also added that as per the call detail records of the accused, he was in continuous contact with various members of other groups involved in other offences.

Faisal Farooq, the owner of Rajdhani School, located in the Shiv Vihar locality was arrested in connection with the communal violence that broke out in the North East Delhi in February 2020.

Faisal, along with other 18 people was arrested in a case of rioting and for burning down an adjacent school in the area on February 24.

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The Delhi Police had filed a charge sheet against Faisal and others on June 3. However, on June 20, a court in Delhi granted him bail, saying it was prima facie not established that he was present at the spot at the time when violence broke out in the area.

Read the judgment here;

Faisal-Farooq

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