Lagatar24 Desk
New Delhi, Sep 4: In a case involving the North East Delhi riots, a Delhi court recently granted bail to former MCD councillor Tahir Hussain. Considering the changed circumstances, the court granted relief.
He was given bail in five riot cases by the Delhi High Court on July 12.
This case concerns an injury caused by a gunshot to Ajay Goswami on February 25, 2023. A case was reported to Dayalpur police station.
It is a matter of record and an indisputable truth, according to Additional Sessions Judge (ASJ) Pulastya Pramachala, that the incident described in the current FIR occurred close to two other incidents in which the accused was granted bail by the High Court.
” In that situation, even though a bail order may not be a precedent for other case, in the aforesaid peculiar situation, bail granted to the applicant by a court higher in hierarchy to this court, does create a material change in the circumstances in favour of the applicant,” ASJ Pramachala said in the order passed on September 2.
The court further highlighted that many of the witnesses are the same across all three FIRs and that the High Court of Delhi appreciated the merit of the case in two of the other FIRs when granting bail.
The trial court observed, “In that situation for this court there may not be a reason to take a different view. This material change in the circumstance in itself becomes a ground to grant bail to the accused/applicant in this case as well. Hence, application is allowed.”
The accused’s attorney, Advocate Tara Narula, emphasized the bail order made by the High Court of Delhi in other FIRs and argued that the current case was founded on a similar set of facts and circumstances because the incidents detailed in the three FIRs were so closely related in both time and place.
However, Madhukar Pandey, a special public prosecutor (SPP), opposed the bail application. He acknowledged that the bail decision is not legally binding. Bail granted in other cases cannot represent a meaningful change in circumstances for this case because everything specified in the bail order is unique to that particular case only.
He further said that if the applicant is released, nearby public witnesses who live in the same area may feel endangered.
