[Delhi Riots] Man accused of rioting, murder gets interim bail for family wedding

A man accused in a case connected to Delhi riots of February 2020 was allowed interim bail to attend a wedding in his family in view of the fact that he was the only male member of the family [State v. Rifaqat Ali]..Additional Sessions Judge Amitabh Rawat, however, clarified that the case was not covered under the guidelines of the High-Powered Committee constituted by the Delhi High Court as it was a riots case filed under Section 302 (murder) of the Indian Penal Code. “This order is passed for a specific period for performing marriage and related functions and hence, accused shall positively surrender after two weeks from the date of his release,” directed the Court..Accused Rifaqat Ali’s counsel submitted that being the eldest member in his family he was responsible for their livelihood. It came on record that the accused’ sister was living with his family and the marriage of his niece was fixed before he was arrested in the case. However, owing to his arrest resulting in his absence from home, the marriage got delayed for financial reasons. The family for want of funds in the accused’s absence couldn’t prepare for the wedding, the Court was informed.He, therefore, sought interim bail to make arrangements and attend the wedding.The accused also undertook to surrender before the Court or jail, as directed, in case he was granted relief of interim bail..The Special Public Prosecutor submitted that the wedding card placed on record and the related documents had been verified and found to be correct. However, in case of grant of interim bail, he pointed out, the accused should be directed to surrender as it cannot have an automatic extension.The order observed that the allegations against Ali were “quite serious” but bail was sought on the ground of his niece’s marriage set to take place on September 12, 2021. "Since he is the only male member in the family and given the reasons shown for asking interim bail, I am inclined to allow the present interim bail application and accordingly applicant/accused Rifaqat Ali is granted interim bail for a period of two weeks from the date of his release subject to furnishing of personal bond in the sum of Rs 20,000 with one surety in the like amount,” the Court held..Ali was directed not to get in touch with any of the witnesses or tamper with the evidence besides being directed not to leave NCT, Delhi without prior permission. He was also ordered to provide his mobile number to the investigating officer and keep his mobile phone switched on.“The accused shall also call the Investigating Officer daily. On the expiry of interim bail of two weeks, the accused shall without fail, surrender himself before the concerned Jail Superintendent, who shall thereafter file a report to this court,” the Court ordered.SPP Rajeev Krishan Sharma appeared for State.Advocate Deeksha Dwivedi represented the accused.[Read Order]