In a riot case, the first investigation report may not contain the name and description of a rioter, a Delhi court observed on Tuesday and said it is during the course of investigation that the identity gets disclosed.
The court said this will dismissing a bail plea of a man arrested in a case related to the burning of a mosque during the communal violence in north east Delhi in February.
Additional Sessions Judge Vinod Yadav did not grant bail to Kundan considering the gravity of the allegations against him in the case.
During the hearing, held through video conferencing, advocate Rakesh Pal Singh, appearing for Kundan, told the court that he has been in judicial custody for more than three months and his custodial interrogation was no longer required in the case.
Kundan has not been named in the FIR and has been falsely implicated in the case, claimed his counsel.
Additional Public Prosecutor Taufeeq Ahmed, appearing for the state, opposed the bail plea saying Kundan has been identified in the case by two independent eye witnesses.
According to the eye witnesses, Kundan was throwing small gas cylinders, and putting bikes and bicycles on fire inside the mosque in the Khajuri Khas area in order to increase the intensity of a fire and to create a blast inside the mosque.
Ahmed said that the accused’s role was also being investigated in 12 other cases related to the February riots.
“In a case of riot the FIR may not contain the name and description of the rioter and it is only during the course of investigation the identity gets disclosed…
“The role of applicant (Kundan) is also being investigated in 12 other cases. Considering the gravity of the allegations against the applicant, I do not find it to be a fit case for grant of bail to the applicant,” said the judge in his order.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
