Observing that suspended AAP councillor Tahir Hussain had used rioters as "human weapons" who could have killed anybody on his instigation during the northeast Delhi violence, a Delhi court dismissed his bail plea in connection with a case related to the murder of Intelligence Bureau (IB) official Ankit Sharma.
Additional Sessions Judge Vinod Yadav, while dismissing the bail plea, said that there is enough material on record in terms of the ocular statement(s) of prime witnesses that prima-facie establish the presence of the applicant at the spot.
"Therefore, at this stage, I find that 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," the bench said in its order.
The bench observed that the statements of two more persons were recorded by the Crime Branch of Delhi Police on July 7, both of whom have talked about the conspiracy of communal riots hatched at the residence of the applicant on February 24.
"I find that the riots in the area of North-East Delhi were carried out in an orgzed manner and as part of a deep-rooted conspiracy and the involvement of applicant is being investigated upon with regard to his connection with members of PFI, Pinjratod, Jamia Coordination Committee, United Against Hate Group and anti-CAA protesters," the court observed.
The court also noted that even though there is no video or CCTV footage showing the presence of the applicant at the spot, there is enough ocular evidence available on record.
"The possibility cannot be ruled out that if released on bail at this stage, the applicant will threaten the witnesses. Considering the gravity of the offence, I do not find any merit in the bail application. The bail application is accordingly dismissed," the bench held.
Hussain, who has been in judicial custody in the matter since March 16, had sought bail on the grounds that there is no cogent evidence which is admissible in the eyes of law, to connect the applicant in the alleged murder of Ankit Sharma.
According to the chargesheet in the matter, Hussain is one of the prime accused in the killing of Sharma, whose body was recovered from a drain in Chand Bagh on February 26, during the violence in northeast Delhi.
Ten persons, including Tahir Hussain, have been arrested in the case.
Delhi Police, in the chargesheet, also said that it has been found during the investigation that Tahir Hussain is the main accused who had been instigating the mob, both on February 24t and 25, in the Chand Bagh area.
( With inputs from ANI )