[IB Official Ankit Sharma Murder During Delhi Riots] 'Reminiscent Of Carnage During The Days Of Partition', Delhi Court Denies Bail To Accused

While denying the benefit of Bail to IB Officer Ankit Sharma's Murder Accused (Muntajim alias Musa), the Karkardooma Court (Delhi) on Thursday (29th October) remarked that "it is common knowledge that the dreary days of 24.02.2020 and 25.02.2020 saw parts of North-East Delhi gripped by a communal frenzy, reminiscent of carnage during the days of partition".The Additional Sessions Judge Vinod Yadav, in his order further observed that, "the riots spread like wildfire across the smoke-grey skyline of Capital, engulfing new areas and snuffing out more and more innocent lives."Notably, the Court denied the bail to the accused noting that the CDR analysis qua his mobile phone categorically revealed that he had been in regular touch with co-accused persons namely Sameer Khan and Haseen @ Mulla ji @ Salman, who were actively involved in rioting in the area..BackgroundIt was argued that applicant/accused (Muntajim alias Musa) was falsely roped in the matter merely on the basis of disclosure statements made by co-accused persons namely Sameer Khan and Nazim.He argued that he was not captured/visible either in any CCTV footage or any viral video(s). It was further argued that he was not identified by any of the public witnesses cited in the matter.He submitted that he was not specifically named in the FIR. There is no direct evidence available against him to connect him with the commission of the alleged crime in the matter.On the other hand, the Special PP argued that this is an unfortunate case of the brutal murder of a young officer of Intelligence Bureau (I.B) namely Shri Ankit Sharma by the riotous mob in the evening of 25.02.2020 and the applicant was an active member/part of the said riotous mob.It was argued that his CDR location was found to be at the scene of crime/spot on both days, i.e on 24.02.2020 and 25.02.2020, when the intensity of the communal riots was maximum.It was also argued that the presence/custody of applicant was very much required to get him identified by way of judicial Test Identification Parade (TIP) from public witnesses.Court's AnalysisThe Court took into account the fact that his name duly surfaced/referred to in the intercepted phone call(s) and transcripts between co-accused Haseen @ Mullaji @ Salman and his friends/relatives.Further, the Court noted,"This Court also cannot lose sight of the fact that the applicant and both the aforesaid co-accused persons are residents of Nand Nagri and their CDR location was found at the scene of crime (SOC)/spot on the day of the incident cannot be a mere coincidence."The Court was of the view that the custodial interrogation of the applicant is very much necessary to unearth the conspiracy for planning, instigating and executing riot action plan.The application for anticipatory bail was accordingly dismissed.It may be noted that while denying bail the bail to an accused booked for damaging a mosque during the February communal riots in North-East Delhi, the Karkardooma Court (Delhi) had recently observed,"In recent communal riots in North-East Delhi more than 50 innocent people were killed by the rioters and the dastardly act of rioters in this matter is an act against the country's secular structure." (emphasis supplied)Further, while noting that "It is prima facie apparent that he used his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration", the Karkardooma Court (Delhi) on Thursday (22nd October) dismissed the bail application of former AAP councillor Tahir Hussain and a prime accused in cases related to the February Northeast Delhi riots.Quoting a famous English saying, the Additional Sessions Judge Vinod Yadav, Karkardooma Court further remarked,"When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire"On the same day i.e., on Thursday (22nd October), the Karkardooma Court (Delhi) on had also dismissed the bail plea of a man named Sameer Khan (an alleged associate of Tahir Hussain) who was arrested in connection with the murder of Intelligence Bureau (IB) official Ankit Sharma during the communal violence in north-east Delhi in February.Click Here To Download Order[Read Order]

[IB Official Ankit Sharma Murder During Delhi Riots] 'Reminiscent Of Carnage During The Days Of Partition', Delhi Court Denies Bail To Accused

Sparsh Upadhyay

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