In a judgement passed on November 2nd, single judge bench of Hon’ble Justice Suresh Kumar Kait had set aside the bail order dated 20th June earlier this year for offences punishable under Sections 147/148/149/307/395/436/ 455/201/114/505/153-A/120-B of the Indian Penal Code. The appeal had come from the State Government.
The respondent runs various schools across Delhi and is accused of rioting in the Northeast parts of Delhi in the month of February, this year.
The counsel for the accused argued before the court that the earlier granted bail order stated that the accused had cooperated with the investigative agencies, he called the police six times to inform about the violence and damage at the school and sought help. It was further argued that the accused had not absconded and was not at flight risk. The accused faisal farooqui was arrested in March, this year.
Appearing for the State, Additional Solicitor General argued before the court that Faisal Farooqui was the mastermind of the alleged incident and had allowed the rioters to use his school as a safe haven to continue rioting Activities and cause damage around the surrounding areas including the DRP School nearby. The accused should not be granted bail as it might affect the investigation of this case and other related cases.
The High Court then cancelled the bail granted to the accused. It added:
“In view of the above discussion and the settled law, I am of the view that learned Trial Court has granted bail to the respondent/accused at the pre-mature stage while ignoring the relevant material on record. Accordingly, I hereby set aside the impugned order dated 20.06.2020 and consequently allow the present petition”.
