The Delhi High Court on Monday granted bail to two persons accused of being part of a mob that was allegedly involved in causing the death of a head police constable at Wazirabad during the Delhi riots of 2020 [Mohd Jalauddin vs. State (NCT of Delhi)].

Justice Chandra Dhari Singh passed two separate orders granting bail to Mohd Jalauddin and Mohd Wasim after noting that the trial in the case against them was yet to start.

The Court highlighted that in bail matters, it is guided by the tenet of ‘Bail is rule, jail is exception’ and the overarching principles of right to life and liberty under Article 21 of the Constitution.

"It is the duty of the judicial pillars of this Country that an accused is not unnecessarily deprived of his personal liberty as enshrined under Article 21 of the Constitution of India. Undoubtedly, bail is a rule and jail is an exception, therefore, it is imperative to state that in case a Court finds sufficient grounds to enlarge an accused on bail, it must exercise its powers discretionarily and uphold the ends of justice to an accused languishing in jail while ensuring the proper enforcement of procedural law as envisaged in the provisions of the BNSS," the Court said.

Jalauddin has been in jail since his March 2020 arrest and Wasim has been in jail since his arrest in September 2020. In the order granting Jalauddin bail, the Court noted:

“Despite a long passage of time, the trial has not even been initiated and more than 270 witnesses have been cited by the prosecution. Therefore, this Court finds that there is a delay in the initiation of trial while the petitioner has been languishing in jail since 11th March, 2020."

Similarly, in the order allowing Wasim bail, the Court observed that,

"The instant matter is at a stage of framing of charges consisting of more than 150 witnesses ... This Court finds that the instant petitioner cannot be made to languish behind the bars for an indefinite period and in the interest of justice, he may be granted the relief of bail."

Both Jalauddin and Wasim have been accused of rioting and being part of an unlawful assembly that clashed with policemen tasked with quelling the Delhi riots of 2020, which took place amid protests against the Citizenship Amendment Act of 2019 (CAA).

On February 24, 2020, anti-CAA protestors were alleged to have arrived at Wazirabad Main Road in Delhi with weapons. In the ensuing clash between the protestors and the police, a head constable fell and suffered injuries to his head. He later succumbed to his injuries.

In the first information report (FIR) registered over the incident, various persons were accused of causing damage to public property, rioting, being part of an unlawful assembly, causing hurt, being part of a conspiracy and murder.

When chargesheet was filed in June 2020, Jalauddin was assigned the role of being part of an unlawful assembly and rioting, while Wasim was accused of throwing petrol bombs as well.

Both men denied the charges and claimed that they were falsely implicated. The State opposed the bail pleas, maintaining that the accused had committed illegal, anti-national acts which disturbed peace and harmony.

After examining rival contentions, the Court granted both men bail.

In the order granting Jalauddin bail, the Court noted that there was substantial delay in starting the trial and such delay cannot continue to curtail his fundamental right to life and liberty.

“It is needless to say that the determination of his guilt or innocence is taking a large amount of time to be completed. In view of the same, it is observed that the petitioner cannot be made to incarcerate in jail for an indefinite period as doing so will hamper with his Fundamental Right enshrined under Article 21 of the Constitution of India,” the Court held.

The Court also granted the two men bail on the ground of parity, since around 20 persons out of the 28 accused in the same case had already been released on bail.

Advocates Kartik Venu, R Jude Rohit and Kratika Singhal appeared for Jalauddin.

Advocates Deepak Kohli, Mohd. Shariq, Mohd Anas and Amit Kharbanda represented Wasim.

Special Public Prosecutor Ashish Dutta with advocate Mayank appeared for the State.

[Read orders]