“Needless to say, the investigation in the matter is complete; chargesheet has also been filed; trial in the matter is likely to take a long time,” additional sessions judge Vinod Yadav said. Dinesh Tiwari, the counsel for Shah Alam and Riyasat Ali, had sought bail on the ground of parity with the co-accused persons in the case. It also came on record that Alam is the brother of former AAP councillor Tahir Hussain, the main accused. Tiwari argued that the accused had been identified by the witnesses for they belonged to a particular community. He also highlighted that after completing the investigation, police had filed a chargesheet. “No useful purpose would be served by keeping them behind bars, as the trial in the matter is likely to take a long time,” submitted Tiwari.
Special public prosecutor Manoj Chaudhary contested the submission by saying that the two men had been identified by the witnesses and therefore they couldn’t take the plea of parity. “There is every chance that if released on bail, the applicants may threaten the witnesses, who are residents of the same locality…,” it was argued.
The court noted the two accused had “neither been named in the FIR nor there are any specific allegations against them”. “Admittedly, the applicants are neither visible in any of the nine CCTV footage obtained by the investigating agency nor any CDR location is available in the matter,” it added.
The order further underscored that the present case was a “general case” about the use of the building of main accused Hussain by the rioters as well as commission of acts of arson and looting of public and private properties.