A Delhi court has granted bail to a man in a northeast Delhi riots case, saying he cannot be jailed "for infinity" merely for being the younger brother of suspended AAP Councillor Tahir Hussain, the principal accused.
While granting bail to Shah Alam, Additional Sessions Judge Vinod Yadav said the name of the only prosecution witness in the case was kept deliberately as there were no other independent witnesses. It is a "general case" about the use of the building of principal accused Tahir Hussain by the rioters as well as commission of acts of arson and looting of public and private properties, the court said.
"In this case, only one witness namely Jai Bhagwan has been added. I have been taken through his complaint, and upon a perusal of the endorsement made on the complaint, it appears that the name of this witness has been kept deliberately in this case, as there was no other independent witness," the judge said in his order passed on December 9, 2020. "I am of the considered opinion that applicant (Alam) is also entitled for grant of bail in the matter on the ground of parity. He cannot be made to incarcerate in jail for infinity merely on account of the fact that he is younger brother of principal accused Tahir Hussain or that other persons who were part of the riotous mob have to be identified and arrested in the matter," the order said. The court granted bail to Shah Alam on furnishing a bail bond of ₹ 20,000 with one surety of like amount in the case related to rioting in Dayalpur area.