Court dismisses woman’s anticipatory bail plea in Delhi violence case


New Delhi:
A Delhi court on Saturday dismissed the anticipatory bail plea of a woman accused in the northeast Delhi violence observing that her presence is necessary to unearth the conspiracy involved in planning, instigating and fanning the flames of the communal conflagration.

Additional Session Judge Vinod Yadav of Karkardooma court dismissed the anticipatory bail plea of Tabassum, a resident of Chand Bagh Area of Delhi, in connection with a case related to the murder of head constable Rattan Lal during northeast Delhi violence.

“Applicant has been clearly and categorically named by independent eye-witnesses in their statements… The allegations against her are grave in nature. The presence/appearance of the applicant is very much necessary to unearth the conspiracy involved in planning, instigating and fanning the flames of the communal conflagration. This court has already dismissed the regular as well as interim bail applications of several co-accused persons in the matter,” the order said.

Special public prosecutor advocate Amit Prasad vehemently argued that it is an unfortunate case of the brutal murder of head constable Rattan Lal during the recent communal riots, in which Deputy Commissioner of Police (DCP) Shahdara Amit Sharma, IPS Anuj Kumar, ACP Gokalpuri and 51 other policemen had also suffered severe injuries at the hands of rioters.

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Prasad argued that the applicant used to share a stage with other protestors and instigate the gathering against the Government of India, which ultimately led to the death of more than 50 innocent persons in northeast Delhi.

It was further argued that an analysis of the Call Detail Records (CDR) of the applicant revealed that she had been in regular touch with main conspirators/other co-accused persons in the matter as well as in touch with the accused persons arrested in the case, which is being investigated by the Special Cell of the Delhi Police.

He said that several efforts were made to make her join her investigation, but she deliberately evaded the same and now non-bailable warrants (NBWs) have been issued against her by the court of Chief Metropolitan Magistrate (CMM), northeast Delhi.

Advocate Dinesh Tiwari, representing the applicant, argued that she has been falsely implicated in the matter by the investigating agency and has nothing to do with the alleged incident. It was argued that the investigation in the matter is complete and the charge sheet has already been filed in the matter.
He argued that applicant is a permanent resident of Delhi and there are no chances of her absconding or tampering with the prosecution witnesses.

“In the case, Delhi Police charge sheet stated that head constable Rattan Lal was killed and several other police officials and public persons were also injured, the mob without provocation attacked the police party. The post mortem report of HC Rattan Lal revealed that he sustained gunshot injuries apart from 21 injuries and had succumbed to these injuries,” Tiwari said.

According to the charge sheet, the public witnesses and the local beat staff have categorically mentioned in their statements about the specific role of accused persons that they were the main organisers of the protest and were fully involved in inciting people for rioting.

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At least 53 people lost their lives and hundreds of others were injured in the violence, which erupted groups supporting and opposing the Citizenship Amendment Act (CAA) in the northeast area of the national capital in February this year. 

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