Delhi High Court Grants Bail to Man Accused of Killing Head Constable Ratan Lal in Delhi Riots, Emphasizing That Accused Should Not Be Unjustly Denied Personal Freedom.
The Delhi High Court has granted bail to an individual accused of killing head constable Ratan Lal during the Delhi Riots. The Court was reviewing a Bail Application for regular bail under Section 439 of the CrPC related to an FIR that includes multiple charges under various sections of the IPC and the Arms Act, as well as the Prevention of Damage to Public Property Act. Justice Chandra Dhari Singh noted that it is essential for the judicial system to ensure that an accused person’s personal liberty, as protected by Article 21 of the Constitution of India, is not unjustly taken away, leading to the decision to approve the bail request.
The Petitioner sought regular bail after communal riots erupted in North-East Delhi in response to the Citizenship (Amendment) Act, 2019. During the protests, it is alleged that demonstrators armed themselves and attacked police officers, resulting in serious injuries to Head Constable Ratan Lal, who later died. The FIR accused the Petitioner of using petroleum bombs, contributing to Ratan Lal’s death, which led to the Petitioner’s arrest. The Court referenced a Supreme Court ruling in Sanjay Chandra v. CBI, (2012), emphasizing that various factors must be considered when deciding on bail, and that the seriousness of the charges alone should not deny bail without considering other relevant factors.
The Court stated that if it finds enough reasons to grant bail to an accused, it should use its discretion wisely and ensure justice for someone stuck in jail, while also following the rules of procedural law as outlined in the BNSS. As a result, the Court granted the Petitioner regular bail.
Cause Title: Mohd. Wasim @ Bablu v. State NCT of Delhi (Neutral Citation: 2024:DHC:8454) Appearance:
Appellant: Advocates Deepak Kohli, Mohd. Shariq, Mohd Anas and Amit Kharbanda
Respondent: SPP Ashish Dutta and Mayank
