A court here has granted bail to former AAP councillor Tahir Husain in one of the 2020 Delhi riots cases, saying his role in it was "remote in nature" and he has already spent over three years in custody.
Hussain will, however, continue to be behind bars as he is an accused in other rioting cases, including the alleged larger conspiracy behind the communal conflagration and a money laundering case related to funding it.
Additional Sessions Judge Pulastya Pramachala was hearing Hussain’s bail plea in a case registered at Khajuri Khas police station, where a riotous mob had vandalised and set ablaze a shop on February 25, 2020.
"In the present case, the role of the applicant (Hussain) is alleged to be of instigator and conspirator. He is admittedly not shown as part of the mob, which attacked the shop in question. Thus, the role attributed to the applicant is remote in nature as compared to the role attributed to co-accused persons," the court said.
In an order passed on Monday, it said the bail proceedings were not the correct stage to discuss the evidence already brought on the record or proposed to be brought on the record.
"However, keeping in view the peculiar role attributed to the applicant, and the period already spent in custody (around three years and 11 months) I am of the opinion that the applicant deserves bail in this case," the judge said.
He directed that bail be granted on furnishing a personal bond and surety bond of Rs 25,000 each along with one surety of the like amount.
The other bail conditions included that he will not leave the country, provide his address and phone number to the authorities concerned, and not try to influence the witnesses, the court said.
During the proceedings, Special Public Prosecutor Madhukar Pandey alleged Hussain had been a councillor of the area and used his influence to instigate the rioters.
Counsel for Hussain, while seeking bail for him said he has already been granted the relief in five cases of the communal riots.
