A Delhi court Thursday denied bail to an accused in IB staffer Ankit Sharma’s murder during the northeast Delhi riots last year, observing that he had been “instigated on communal lines by main accused Tahir Hussain.”
Additional Sessions Judge Vinod Yadav dismissed the bail application of the accused Nazim observing, “It is apparent on record from the statements of several witnesses that the applicant and other similarly placed persons had been instigated on communal lines by main accused Tahir Hussain, as a consequence whereof they were lying charged to attack all and sundry from the other community…there is enough material on record at this stage which clearly identifies the applicant to be part of “riotous mob” which had indulged in arsoning, looting and vandalizing public and private property; chanting communal slogans and attacking the persons of other community.”
The accused, who was initially absconding, was later arrested from Sambhal, Uttar Pradesh on March 30, 2020.
Nazim’s lawyer Salim Malik told the court that he had been “falsely implicated in the matter by the police just because he and his brother Kasim (who is also an accused in the instant case) are “Bad Characters” (B.C) of the Dayalpur area.”
“The recovery of 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… The video in which three boys are allegedly seen throwing a dead body into Chand Bagh Nallah is not clear,” Malik told the court.
He further told the court that the prosecution witnesses in the case were planted and that one witness has a “grudge/enmity with the persons of Muslim community, as his parking was burnt by a Muslim mob.”
Manoj Chaudhary, the Special Public Prosecutor, argued that it “is emphasized that applicant is “Bad Character” (BC) of the area and being an experienced criminal, he might have been using some other mobile phone to operate in the area, the details whereof were never mentioned by him to the police and as such, adverse inference against him is liable to be drawn.”
“The allegations against the applicant are grave in nature. The public witnesses in the matter are residents of the same area/locality, they are presumably still frightened and the possibility of applicant threatening them, if released on bail at this stage, cannot be ruled out,” the court said.
Sharma’s body was recovered from a drain in Khajuri Khas near the Chand Bagh area. The post-mortem report of the deceased said there were 51 injuries caused by sharp-edged weapons and blunt force on his body. His father, in the FIR, stated that he had a strong suspicion that his son was killed under the orders of former AAP councillor Tahir Hussain.