Delhi court has refused to grant bail to Aam Aadmi Party leader Tahir Hussain in the murder case of Intelligence Bureau Officer Ankit Sharma who was killed during the Delhi riots.
While denying bail, Additional Sessions Judge noted that:
'At this stage there is enough material on record to presume that the applicant was very well present at the spot of crime and was exhorting the rioters of a particular community and as such, he did not use his hands and fists, but rioters as "human weapons", who on his instigation could have killed anybody.'
Tahir Hussain is one of the accused persons who is charged for the murder of IB Officer Ankit Sharma who was killed during the Delhi riots. Hussian has been in custody since March 16 and the Delhi Police has already filed the chargesheet against him.
In his bail plea, Tahir had submitted that there is no evidence by way of video footage or CCTV footage to prove that he was present at the scene of crime at the time of incident. Further, there is no evidence of abetment or conspiracy to kill Ankit Sharma on his part.
Tahir had further argued that the Crime Branch caused considerable delay in recording the statements of the witnesses under section 161 of the Criminal Procedure Code.
While going through the report submitted by the Delhi Police, the court observed that the building of the applicant had been used by rioters for brick pelting, stone pelting, pelting of petrol bombs and acid bombs.
The court further said that even if there is no video footage or CCTV footage, showing the presence of the applicant at the spot, there is enough ocular evidence available on record.
While noting that the possibility of the accused threatening the witnesses cannot be ruled out, the court highlighted that:
'I find that the riots in the area of North-East Delhi were carried out in an organized manner and as part of deep-rooted conspiracy and the involvement of applicant is being investigated upon with regard to his connection with members of PFI, Pinjra tod, Jamia Co-ordination Committee, United Against Hate Group and anti-CAA protesters.'