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Synopsis

A Delhi Court on Saturday last week granted bail to former Aam Aadmi Party Councillor Tahir Hussain in a case related to the 2020 north-east Delhi riots. 

The case related to the injury caused to one Ajay Goswami Gautam who was shot on February 25, 2020 in Khajuri Khas area during the Delhi riots. Hussain was booked for offences of attempt to murder (Section 307), rioting (Section 149) and criminal conspiracy (Section 120B).

Additional Sessions Judge Pulastya Pramachala of Karkardooma Court noted that many of the witnesses were common in all three FIRs which pertained to the same set of facts and the High Court had appreciated the merit of the case in two of thoses FIRs i.e. FIR No. 91/20 and 92/20.

It also said that the incidents probed in FIR Nos.91/20, 92/20, and 88/20 (the present case), took place at proximate times and places.

“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 ASJ said.

Accordingly, the judge granted bail to Tahir Hussain on furnishing a personal bond and surety bond of Rs. 1,00,000 each with one surety of like amount.

However, Hussain will remain in judicial custody in other FIRs registered against him for charges under Unlawful Activities Prevention Act (UAPA), in connection with the Delhi Riots 2020. 

Notably, on July 12, the High Court had "granted bail" to former Aam Aadmi Party (AAP) Councilor Tahir Hussain in five FIRs registered against him at Dayalpur Police Station, in connection with the Delhi Riots 2020 case. The bench of Justice Anish Dayal had said, "Bail is granted in all the five FIRs subject to certain conditions". 

Also, Karkardooma Court, Delhi in December 2022 had held that Hussain and ten others accused in the 2020 north-east Delhi Riots case had an "objective to harm Hindus in their body and property". The judge noted that several people gathered at Tahir Hussain's house, some of them were armed with firearms, petrol bombs were also arranged, and stones were kept in his house in sacks and other containers. All of these tactics were used to specifically target Hindus, he had stated.

On November 3, 2022, Additional Sessions Judge Amitabh Rawat of the Karkardooma Court had framed charges against the former AAP Councilor under Sections 3 and 4 of the PMLA in the other case. The court had also denied him statutory bail under Section 167(2) CrPC.

Case Title: State v. Mohd. Tahir Hussain & Ors