A Delhi court today granted bail to an accused in a murder case related to the north-east Delhi violence and as a condition, directed him to maintain peace and harmony in the locality.
Additional Sessions Judge Vinod Yadav allowed the bail plea of Irshad, accused of killing 24-year-old Salman during the clashes last year.
Salman had sustained a gunshot injury on February 24 during the riots in Delhi's Shiv Vihar. A projectile of the firearm was recovered from his head during autopsy.
According to the police, Irshad was present at the crime scene and was seen leading the riotous mob, a claim refuted by accused.
Granting relief to Irshad, the judge noted that the prosecution prima facie failed to establish that his role was not similar to that of co-accused Mohd Furkan who was granted bail on June 15, 2021.
"I am of the considered opinion that applicant deserves bail in the matter on the ground of parity," the judge said in the order, asking the accused to furnish a personal bond of Rs 10,000 and surety of like amount as a precondition.
The court also directed Irshad to not tamper with evidence or influence any witnesses, maintain peace and harmony in the locality and appear before it to attend the proceedings in the case.
Prior to this, two bail applications of Irshad were dismissed on November 19, 2020, and April 8, 2021.
Irshad, who is also facing charges of conspiracy and rioting besides murder, is in judicial custody since April 2 last year.
Special Public Prosecutor Manoj Chaudhary, representing the police, told the court that Salman was attacked by a riotous mob solely on the premise that "he happened to be from a different community".
The prosecutor asserted that Irshad has also been captured in the CCTV footage at the scene of crime on the date of the incident wearing a "religious cap and bluish kurta pyjama leading the riotous mob and actively participating in rioting activities".
He further said the call data record (CDR) of the accused has been found to be at or near the crime scene and independent eye-witness has also categorically identified him.
Advocate Abdul Gaffar, representing the accused, apprised the court there was no direct evidence available against Irshad.
He argued that his client is neither seen carrying any firearm in the CCTV footage nor any such recovery has been effected from him.
Clashes had broken out in Delhi on February 24, 2020 after violence between the supporters and protestors of the Citizenship (Amendment) Act spiralled out of control leaving at least 53 people dead and over 700 injured.