Delhi High Court Upholds Denial of Bail in Delhi Riots Case: Material Evidence Indicates Involvement – Justice Amit Bansal

The Delhi High Court dismissed the bail application of Mohd. Mustaqeem, connected with the February 2020 Delhi riots, which resulted in the tragic death of an innocent bystander, Rahul Solanki. Justice Amit Bansal, presiding over the case, emphasized the significant material evidence against the petitioner, leading to the denial of bail.

The case, registered under multiple sections of the Indian Penal Code, including Section 302 (murder), has been a subject of extensive investigation since the riots. The petitioner, Mohd. Mustaqeem, was identified as a key suspect in the incident.

Justice Bansal’s decision was heavily influenced by the testimonies and evidence presented. He noted, “On a prima facie view, there is material on record to show the involvement of the applicant in the alleged offences.” This statement highlights the court’s stance on the gravity of the evidence against Mustaqeem.

The eyewitness identification played a crucial role in this judgment. Anil Kumar, cousin of the deceased, identified the petitioner as the assailant. Kumar’s statements, supported by a video clip and subsequent identification procedures, were pivotal in linking Mustaqeem to the crime.

The court also addressed the petitioner’s refusal to participate in the judicial Test Identification Parade (TIP), underscoring a potential compromise in the authenticity of the identification process. However, this did not detract from the overall evidence presented against the petitioner.

The judgment also reflects on the complexities of bail grants in cases involving severe charges such as life imprisonment or death. Justice Bansal’s observation, “Long incarceration alone not sufficient for bail, especially in cases with charges punishable by death or life imprisonment,” sets a precedent for similar cases in the future.

Decision: 18 December, 2023

MOHD. MUSTAQEEM VS STATE (GOVT OF NCT) OF DELHI