Delhi violence: HC seeks police reply on bail plea of man who pointed gun at policeman

The Delhi High Court Monday sought the response of the police on a plea by Shahrukh Pathan, who allegedly pointed a gun at a head constable during the communal violence in northeast Delhi, seeking bail on the ground that jails are overcrowded raising the risk of catching coronavirus.

Justice Sanjeev Sachdeva, who conducted the hearing through video conferencing, issued notice to the investigating officer of the case and sought response on the bail plea by Wednesday.

The court listed the matter for further hearing on April 29.

Advocates Asghar Khan and Abdul Tahir Khan, representing Pathan, sought bail for the accused contending that there was a delay of two days in lodging of the FIR.

The counsel said due to the COVID-19 pandemic, it is not safe to remain in jail as it is not possible to maintain social distancing due to overcrowding and sought that he be released on bail.

The accused sought bail saying he has been languishing in jail for over a month now.

Pathan, 23, whose picture showing him pointing a gun at unarmed Delhi Police head constable Deepak Dahia during the communal riots went viral on social media, was arrested on March 3 from Uttar Pradesh's Shamli district.

The police registered a case against him under the sections of the Indian Penal Code (IPC) and the Arms Act.

The police said it recovered the pistol that Pathan had allegedly pointed at the police official, from his house.

After opening fire, he kept the pistol at home and fled from the city in a car, police had said.

In the viral video, Pathan, a resident of northeast Delhi's Ghonda, could be seen pointing his pistol at the policeman on the Jaffrabad-Maujpur road on February 24.

Police had said after seeing himself on news channels following the incident, Pathan changed his clothes and fled to Punjab. He then moved to Bareilly in UP before hiding at a friend's house in Shamli in the state.

In February, clashes broke out in northeast Delhi between the groups supporting and opposing the Citizenship (Amendment) Act, 2019.