North East Delhi violence: Court grants bail to Tahir Hussain in Delhi riots case noting change in circumstances

A Delhi Court recently granted bail to former MCD councillor Tahir Hussain in a case related to North East Delhi riots. The court granted relief in view of changed circumstances.

The Delhi High Court granted him bail in five riots cases on July 12.

This case pertains to a gunshot injury to one Ajay Goswami on February 25, 2023. A case was registered at police station Dayalpur.

Additional Sessions Judge (ASJ) Pulastya Pramachala said that it is a matter of record and undisputed fact that the incident in the present FIR took place in proximate time and place to two incidents in which the accused has been granted bail by the High Court.

" In that situation, even though a bail order may not be a precedent for other case, in the aforesaid peculiar situation, bail granted to the applicant by a court higher in hierarchy to this court, does create a material change in the circumstances in favour of the applicant," ASJ Pramachala said in the order passed on September 2.

The court also noted that many of the witnesses are common in all of these three FIRs and the High Court of Delhi has appreciated the merit of the case in two of the other FIRs while granting bail.

The trial court observed, " 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."

Advocate Tara Narula, counsel for the accused, emphasized upon bail order passed by the High Court of Delhi in other FIRs and submitted that the present case is also based on similar kind of evidence and circumstances, as incidents reported in three FIRs were very proximate in time and place.

On the other hand, the bail plea was opposed by the special public prosecutor (SPP) Madhukar Pandey. He submitted bail order is not a binding precedent. Anything stated in the bail order is peculiar to that case only and therefore, bail granted in other cases cannot be a material change of circumstance for this case.

He further submitted that public witnesses reside in the same vicinity and they will feel threatened due to the release of the applicant.