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[Delhi Riots] ‘Witnesses Seem To Be Planted One’, Delhi HC Grants Bail To Tahir Hussain’s Associate In Riots Case [Read Order]

first_imgNews Updates[Delhi Riots] ‘Witnesses Seem To Be Planted One’, Delhi HC Grants Bail To Tahir Hussain’s Associate In Riots Case [Read Order] Sparsh Upadhyay10 Oct 2020 8:49 PMShare This – xThe Delhi High Court on Wednesday (07th October) granted bail to one Irshad Ahmed, an alleged associate of Tahir Hussain.The Bench of Justice Suresh Kait was hearing a petition filed by the petitioner (Irshad Ahmed) under Section 439 Cr.P.C. for grant of bail in case FIR No.80/2020, for the offences punishable under Sections 147/148/149/436/427/34 IPC and Sections 3/4 PDPP Act, registered…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court on Wednesday (07th October) granted bail to one Irshad Ahmed, an alleged associate of Tahir Hussain.The Bench of Justice Suresh Kait was hearing a petition filed by the petitioner (Irshad Ahmed) under Section 439 Cr.P.C. for grant of bail in case FIR No.80/2020, for the offences punishable under Sections 147/148/149/436/427/34 IPC and Sections 3/4 PDPP Act, registered at Police Station Dayalpur, Delhi.Arguments by APPThe APP opposed the present petition by stating that on 25.02.2020, around 100 people were standing on the terrace of the house of co-accused Tahir Hussain (main accused) and they were throwing petrol bombs on the house of Hindu community.He argued that the name of the Petitioner (Irshad Ahmed) was disclosed by co-accused Tahir Hussain. The petitioner herein is an associate of the said accused. As per the statement of an eye-witness, namely, Rohit, has confirmed petitioner’s role and identification. Further, mobile phone location of the petitioner has ascertained his presence at the spot. Thus, the present petition deserves to be dismissed.Court’s AnalysisThe Court recorded that it is not in dispute that there is no electronic evidence such as CCTV footage or photos to implicate the petitioner in the present case. As per the statement of Constable Pawan and Constable Ankit (both are eye witnesses and were present at the spot), they had identified the petitioner and other co-accused.However, the Court noted that they have not made any complaint on the date of the incident, i.e. 25.02.2020, whereas the FIR was lodged on 28.02.2020.Thus, the Court observed – “The said witnesses seem to be planted one”.Further, the Court remarked,”Charge-sheet has already been filed. Trial of the case shall take substantial time. However, without commenting on the merits of the case, this Court is inclined to grant bail to the petitioner.”Accordingly, the Court ordered that the Petitioner shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- and with one surety in the like amount to the satisfaction of the Trial Court/Duty Judge.The petition was, accordingly, allowed and disposed of.Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

‘Racial’ social media posts, text messages should be used as evidence in Ahmaud Arbery murder, prosecutors say

first_imgGlynn County Sheriff’s OfficeBY: JULIA JACOBO, ABC NEWS(ATLANTA) — Georgia state prosecutors have requested that “racial” social media posts and text messages be used as evidence to show motive in the murder of Ahmaud Arbery, who was shot and killed while jogging in February.The evidence the state wishes to use includes posts by all three of the suspects charged in Arbery’s murder, according to court documents filed by prosecutors in Glynn County on Friday.Travis McMichael, who fired the fatal shots, had sent a “racial” text message on March 16 and posted two “racial” posts on Facebook on June 15 and Aug. 22 — the latter of which was a highway video, according to the notice of intent to use the evidence.The evidence prosecutors wish to use also includes “racial” Facebook posts by Gregory McMichael and “racial” text messages extracted from the phone of William Bryan, the court documents state.Bryan repeatedly used the n-word in texts, prosecutor Jesse Evans said in a bond hearing in July, The Atlanta Journal-Constitution reported. The texts messages shown at the bond hearing, which Evans said contained “a ton of filth,” are the same that prosecutors wish to use as evidence, according to the court document.Prosecutors requested that a hearing be scheduled on the matter.Arbery, 25, was jogging in Brunswick, Georgia, on Feb. 23 when he was killed. Arbery tried to run for his life before he was struck by a car, shot and then called a racial slur by one of the suspects, prosecutors say.Both McMichaels and Bryan told authorities they thought Arbery was a suspect in a series of break-ins. They were charged in May after video showing the deadly struggle appeared online.Travis McMichael and Gregory McMichael have been charged with felony murder and aggravated assault. Bryan has been charged with felony murder and criminal attempt to commit false imprisonment.Copyright © 2020, ABC Audio. All rights reserved.last_img read more