In the matter of SHOAIB ALAM v. STATE OF NCT OF DELHI the High Court of Delhi by its bench of Justice Swarana Kanta Sharma rejected bail to Shoaib Alam. Alam, the accused in the case related to the 2020 North-East Delhi riots. The FIR alleges that former Aam Aadmi Party councillor Tahir Hussain's associates stole valuable property from a godown situated at Khajuri Khas.

Shoaib Alam sought bail in an FIR under sections 109, 114, 147, 148, 149, 427, 454, 395, 435, 436, 153A, 505, 120B and 34 of IPC.

Karan, the complainant alleges that around 50 associates of Tahir Hussain burnt various goods of his godown due to which he suffered heavy loss. During an investigation, it was discovered that the place of the incident was at a distance of about 50-60 mts from a building owned by Tahir Hussain, which was allegedly used by the rioters, including Alam, for throwing stones, bricks etc.  It was alleged that two eyewitnesses had specifically identified Alam.

The Court noted that the prosecution has placed on record statements of two witnesses which were recorded on April 03, 2020, and April 20, 2020, respectively, specifically stating that Alam was involved in the incident and had instigated the mob on communal lines.

“Considering the fact that the eyewitnesses have given an account of the specific role played by the present applicant and the fact that threats are being extended in this case to the witnesses, this Court does not find it a fit case for grant of bail, at this stage, when the witnesses are yet to be examined before the Trial Court,” Justice Sharma said