NEW DELHI: A Delhi court has dismissed the bail plea of a man accused of killing an Intelligence Bureau (IB) official during riots in the north east part of the national capital last year, saying that allegations against him were grave in nature.
Additional Sessions Judge Vinod Yadav said accused Nazim was instigated on communal lines by former AAP Councillor and main accused Tahir Hussain, because of which he lay charged to attack the other community.
IB official Ankit Sharma’s body was found in a drain near his home in North-East Delhi’s Chand Bagh area on February 26, a day after he had gone missing after riots broke out.
“There is enough material on record which clearly identifies the applicant to be part of a riotous mob which had indulged in arsoning, looting, vandalizing public and private property; chanting communal slogans and attacking persons of other community,” the judge noted, in the May 4 order.
The judge further remarked that the allegations against the applicant are “grave in nature” and if enlarged on bail, there is a possibility of the accused threatening the public witnesses.
He added, “Considering the facts and circumstances of the case in totality, I do not find it to be a fit case for grant of bail to the applicant in the matter at this stage. The bail application accordingly stands dismissed.”
The postmortem report of the deceased Ankit Sharma had revealed 51 injuries caused by sharp edged weapons and blunt force on his head, face, chest, back and waist.
During the course of proceedings, Special Public Prosecutor Manoj Chaudhary said that as many as six injuries on Sharma’s body could have been caused by the weapon of offence recovered from the possession of the accused.
“It is very vehemently argued that the offence alleged against the applicant is very serious in nature; further investigation in the matter is still on and if released on bail at this stage, the applicant can hamper the further investigation,” the prosecutor said.
Advocate Salim Malik, counsel for accused Nazim, told the court that his client had been falsely implicated just because he was known for the ‘bad character’ in the area and that the witnesses were planted.
He argued that during the time of the alleged incident, the accused along with his brother and co-accused Kasim was not present in Delhi and instead were putting up at Sambhal in Uttar Pradesh, from where both of them were arrested.
“The recovery of the alleged knife has been planted upon the applicant. Even as per the FSL report received in the matter, the blood stains found on the alleged knife did not match with the blood of the deceased,” he claimed.
Delhi Police in its charge sheet filed in June last alleged there was a deep rooted conspiracy behind Sharma’s murder as he was specifically targeted by a mob led by Hussain.
The Delhi High Court recently dismissed the bail pleas of two other accused — Sameer Khan and Kasim — in the same case, saying they have been “playing hide and seek with the prosecution”.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.