Mohd Arif Vs State (2021): Delhi HC Grants Bail To Accused In The Ratan Lal Murder Case

Key Takeaways

• The case deals with the murder of HC Ratan Lal in the middle of the protests against the Citizenship Amendment Act in Delhi.
• It was alleged that the petitioner was involved in the attack that had killed the HC, and therefore his bail petition ought to be canceled.
• However, the petitioner argued that he has been maliciously detained since 10/03/2020 without any evidence against him.
• The main issue before the Court was: Whether, when an offence of murder is committed by an unlawful assembly, each person in the unlawful assembly should be denied the benefit of bail regardless of his role in the unlawful assembly or the object of the unlawful assembly?
• The Delhi High Court granted bail to the petitioner on certain conditions.

Case Background

• The case dates back to January 2020 when protests against the Citizenship Amendment Bill took a strong turn with activists demonstrating all over Delhi.
• It was at this time that the complainant, Constable Sunil Kumar, along with the deceased HC Ratan Lal and others, was on duty to prevent and control the menace.
• However, it was stated that the protesters, on the other hand, started attacking these police officers by throwing stones and other weapons. They also snatched the officers’ lathis and gas balls and used them to attack the officers.
• Consequently, the police officers were badly injured while HC Ratan Lal, unfortunately, lost his life. An FIR was filed against the accused under a number of sections of IPC and PDPP.
• The accused/petitioner applied for bail before the Delhi High Court stating that the petitioner was in detention since 10th March 2020, and all his bail applications before various Trial Judges were dismissed.
• It was also submitted by the petitioner that there is no clear evidence to prove his involvement in the case. The Respondents, however, produced the CCTV footage before the Court to prove the presence of the petitioner.

Court Order

• The Court did not look into the merits of the case, however, it opined that it was inappropriate to detain the accused for an indefinite period when the trial is pending.
• Accordingly, it granted bail to the petitioner on certain conditions. The following conditions were listed to be followed:

I) To furnish a personal bond of Rs. 35,000 with on security.
II) To not leave the NCT of Delhi without the Court’s prior permission.
III) To report to the concerned Police Station every Tuesday and Thursday at 10:30 am. He shall be released within half an hour.
IV) To give all his mobile numbers to the investigating officers and keep them operational all the time.
V) To give his address and to continue to reside in the same address. In case of any changes, the same shall be notified.
VI) To not try to tamper with evidence or influence the witnesses.

• The Bench held that the violation of any of these conditions would cancel the bail.

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