Delhi HC rejects bail plea of Shahrukh Pathan; accused of firing at constable during violence in North-East Delhi

Pathan filed the interim bail plea to make his presence for his father who is going under the surgery of knee.

A Delhi court has dismissed an interim bail plea of Shahrukh Pathan, whose picture showing him pointing a gun at an unarmed Delhi Police head constable during the communal riots, went viral on social media.

Additional Sessions Judge Amitabh Rawat said going by Pathan’s conduct and the manner in which he had absconded after the incident and was arrested later on, suggested he was a flight risk.

“In the instant case, when the clashes happened on February 24, 2020 at near Jafrabad metro station, Delhi, and heavy stone pelting and firing occurred, as per prosecution, the applicant/accused Shahrukh Pathan was caught brandishing a pistol with the temerity of firing and pointing it at police personnel Head Constable Deepak Dahiya, who was deputed on that day for law and order arrangements. The accused is alleged to have participated in the riots and has been duly identified. Thus, the gravity in the present case is sufficient to deny any benefit of interim bail to the accused, the court said in its order passed on November 9.

Further, the court said– “Going by the conduct of the accused and the manner in which he absconded and was arrested later on, suggests that he is a flight risk.” Pathan had sought interim bail for taking care of his mother who has been asked to undergo surgical operation after sustaining injuries on her back and spinal cord.

Pathan filed the interim bail plea to make his presence for his father who is going under the surgery of knee. The court said the reply filed by the police suggested there was no emergency for the surgery of the right knee of his father.

It further said Pathan’s father and the relatives can take care of his mother at this time. It noted that Pathan’s father was earlier convicted in a case related to possession of narcotics. During the hearing, advocate Sunil Mehta, appearing for the accused, argued that he was initially trying to pacify the people protesting against the Citizenship Amendment Act and when attacked with heavy stones, he rushed to seek shelter.

The instant case against Pathan was registered under Sections 147, 148, 149, 216, 186, 307, 353 & 34 IPC read with Section 25 & 27 Arms Act.

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