he Delhi high court has granted bail to two men accused of firing bullets during the anti-Muslim pogrom in Delhi last year, citing that the injury received to the victim was not from a gunshot but by a stone.

According to the prosecution, the two men — identified by their first names Shiva and Nitin — were armed with deadly weapons and attempted to commit culpable homicide under the IPC and under the Arms Act.

The FIR was lodged on the statement of injured Azim, who claimed that on February 25, last year, while at his house, he heard a commotion outside and saw a mob of around 20-25 people moving towards Matin Masjid and chanting the slogan ‘Jai Shree Ram’, reported PTI.

He reportedly said that they were damaging property, pelting stones and firing bullets and meanwhile, a stone hit his head. He was admitted to RML Hospital and later operated, as the nature of his injury was grievous.

The accused, represented by advocate Pritish Sabharwal, said that Nitin was not even identified in the CCTV footage. Regarding Shiva, who was allegedly holding the pistol in his hand, Sabharwal said he was only seen firing in the air and no gunshot injury has been received to the complainant or any other victim.

However, the special public prosecutor opposed the bail applications saying that the two accused are very much seen in the CCTV footage and are identified by the beat Constable.

“Shiva was seen with the pistol and since pursuant to the unlawful assembly, the injury was caused to Azim,” he said.

However, another accused in the Delhi riots case- Shahrukh Pathan who fired bullets in the air in order to allegedly disperse a crowd, has been denied bail multiple times.

“Delhi HC grants bail to two men Nitin & Shiva accused of firing bullets in a mob of 20-25 people which was moving towards Matin Masjid during the #DelhiPogrom 2020. Shiva was seen firing in the air but released, only #ShahrukhPathan played with law & shook the court’s conscience,” his case attendant Akhlad Khan tweeted.

In February last year, an anti-Muslim pogrom was unleashed in parts of North East Delhi, which resulted in the death of over fifty people, hundreds injured, and thousands homeless.

Several fact-finding reports have accused the Delhi police of either not taking action against the perpetrators of the riots or siding with them. After the riots, which many reports have described as an anti-Muslim pogrom, the police, instead of taking action against the alleged perpetrators belonging to the majority community, detained a host of Muslims and implicated them in riot cases.

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