[Delhi Riots] Delhi Court terms roping in Khalid Saifi as accused "vindictive", grants him bail on condition to install Aarogya Setu

A Delhi Court at Khajuri Kas has granted bail to Khalid Saifi, one of those accused of involvement in the Delhi riots of February 2020. (State v. Khalid Saifi).The prosecution had argued that Saifi was part of a larger conspiracy with co-accused Tahir Hussain, Umar Khalid, Meeran Haider, Asif Tanha, Danish, Ishrat Jahan, Bilal Lamba and others after the Citizenship Amendment Act protests. .It was further asserted that disclosure statements made by Hussain proved Saifi's complicity in the conspiracy.. A statement made by one, Rahul Kasana was brought on record to show that there was a conspiracy between Umar Khalid, Saifi and Hussain. There were also some Call Detail Records produced to show calls between the various accused at certain points in time which led to a meeting that Kasana claimed to have witnessed..Junking the prosecution's submissions, Additional Sessions Judge Vinod Yadav stated that basing the "lofty claims of conspiracy" on insignificant material pointed to a total non-application of mind extending to vindictiveness.."In my humble opinion, chargesheeting the applicant in this case on the basis of such an insignificant material is total non-application of mind by the police which goes to the extent of vindictiveness."ASJ Vinod Yadav."The sole evidence of this so called conspiracy is a statement of PW Rahul Kasana, wherein he stated on 27.09.2020 that he was standing outside a building in the area of Shaheen Bagh, where he had dropped principal accused Tahir Hussain and thereafter he saw applicant and Umar Khalid going into the same building. I fail to understand from the aforesaid statement how a lofty claim of conspiracy can be inferred", Judge Yadav said..Finding that there was no other material connecting Saifi to the scene of the violence, the Court granted him bail subject to a deposit of Rs. 20,000 as a bond and the installation of Aarogya Setu App on his phone..The prosecution had claimed that there was a deep-rooted conspiracy which triggered communal riots in Delhi..The Court, however, raised doubts as to how the offence of conspiracy was being tied to Saifi, since he was not accused in the other cases his supposed co-conspirators were implicated in. Apart from this, Kasana's statement alleging a conspiracy was yet to be tested in evidence, the Judge ruled. He also noted, .".... PW Rahul Kasana is also a witness in case FIR No.59/2020, in which case also the “criminal conspiracy” angle is being investigated by Special Cell of Delhi Police. In the said case the statement under Section 161 Cr.P.C of PW Rahul Kasana was recorded on 21.05.2020, on which date he did not utter a single word against the applicant qua “criminal conspiracy” and now all of a sudden, he vide his statement recorded under Section 161 Cr.P.C in the matter on 27.09.2020 blew the trumpet of “criminal conspiracy” against the applicant. This prima facie does not appeal to the senses.".Saifi's counsel had argued that he had no criminal antecedents and that he was falsely implicated in the case. Further, he was not seen in any of the CCTV footage produced from the scene of the rioting because he was not physically present, the Court was told. .Rather, all that was found against him were alleged "disclosure statements" of his co-accused Tahir Hussain, which had not led to any recoveries being made, it was asserted..His phone calls to Umar Khalid and others were on account of their common presence in Shaheen Bagh, his counsel additionally stated..Delhi HC grants bail to Tahir Hussain's associate in Delhi riots case.Finding no substance in the claims advanced and the material produced by the prosecution, the Court allowed Saifi bail..The Judge clarified however that his statements were made only for the purposes of disposing of the bail application and were not be construed as a comment on merits.."It is hereby clarified that anything stated hereinabove shall not be construed as expressing any opinion on the final merits of the case, as the case is at 'pre-cognizance/pre-committal stage'", the Judge said..Special Public Prosecutor Manoj Chaudhury along with Investigating Officer Inspector Sunil Kumar and ACP Pankaj argued for the State.Saifi was represented by Senior Advocate Rebecca John, Advocates Bhavook Chauhan, Rajat Kumar, Harsh Bora, Pravita Kashyap, Tushar Yadav and Syed Atif..Read the Order here: