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Granting bail to an accused in the Jahangirpuri violence case, the Delhi High Court Tuesday said though the police has called him a leader of the mob, the CCTV footage shows he was just standing there and not instigating the crowd. In April, communal clashes broke out in Jahangirpuri during a Hanuman Jayanti procession.
“On further query, the learned APP on instructions submits one of the witness namely ASO Joginder has deposed he (accused) was allegedly leading the crowd. Though the State has taken various dates to bring on record various other CCTV footages to show this fact, they have not placed the same on record as yet,” said Justice Yogesh Khanna in the order.
The court said accused Babuddin has been in custody since April 27 and he is no longer required for further investigation as a chargesheet has already been filed against him.
“He is admitted to bail on his executing a personal bond of Rs 20,000 with one surety of the like amount,” the court said in the order, adding that he shall maintain peace in the vicinity and not leave NCR without prior permission of the trial court.
The trial court on May 25 denied bail to accused Babuddin, saying that he has been identified based on the CCTV footage and material investigation is still underway. In the bail application argued by advocate K C Mittal before the HC, it was submitted that Babuddin remained around his shop and home at the time of the incident.
Babuddin’s counsel argued the police case is that the procession commenced from EE Block of Jahangirpuri to A- Motors Mangal Bazar Road, following through Motors Mangal Bazar Road, Mahindra Park via various Blocks, BJRM Hospital Road, K Block, BC Market and Kushal Chowk.
“Neither the shop/house of the applicant nor the camera, on which footage the prosecution relied upon, falls in the path of the said procession. Therefore, the whole story with respect to the applicant of the prosecution is concocted and false,” he argued in the petition filed through advocate Abid Ahmad.
Police have arrested 37 persons in the case. Two juveniles have also been apprehended by police in connection with the FIR. The court was told that nine firearms and nine swords were also recovered. Regarding Babuddin, police said he was the leader of the crowd and is identified in two CCTV footage.
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