Delhi violence: HC dismisses bail plea of man accused in case related to Tahir Hussain
Sep 25, 2020
New Delhi [India], September 25 : The Delhi High Court has dismissed the bail plea of a man accused in connection with the northeast Delhi violence case in which suspended AAP councillor Tahir Hussain is also an accused.
A single-judge bench of Justice Suresh Kumar Kait dismissed the bail plea of Tanveer Malik, who was the part of the mob which attacked one Ajay and caused grievous injuries to him during the northeast Delhi violence, after taking note of the statements of witnesses who identified the accused as part of the violent mob.
"Moreover, the petitioner is involved in two other similar cases and the parity relied upon by the petitioner on order dated May 30, 2020, in an FIR registered at Dayalpur police station whereby the petitioner has been released on bail. On perusal of the same, however, not on merit, therefore, I am not inclined to grant bail and the petition is, accordingly, dismissed," the bech said in its order yesterday.
Malik, through his advocate Himal Akhtar, had sought regular bail in the matter for offences punishable under charges dealing with rioting, attempt to murder, criminal conspiracy, and other relevant Sections of the Indian Penal Code and the Arms Act.
Special public prosecutor Amit Prasad opposed the bail petition stating that during the course of the investigation, statements of injured Ajay were recorded wherein he stated that on February 25 at around 4 pm, he came out from his house to purchase a few household articles and when he reached near Lakhpat School in Chand Bagh, he found that riots had broken out in whole of Chand Bagh and in nearby areas.
"When witness Ajay reached near Tahir Hussain's house, he saw an angry mob on the terrace of the said house, which were pelting stones, firing gunshots, and also throwing petrol bombs from the terrace on the houses of other communities," Prasad said.
He said that the mob on the terrace was chanting communal slogans and some boys started pelting stones after seeing him. He added that one of the boys fired at him from a pistol-like object, which hit him on the right-hand shoulder.
The bench observed, "It is not in dispute that in statement dated March 2, 2020, injured Ajay specifically stated that the mob on the terrace was chanting communal slogans. Some of the boys saw him and started pelting stones. Suddenly, one of the boys fired on him from a pistol like object, which hit on right hand shoulder and identified the said boy as Gulfam. Further, he has also identified few other individuals among the mob including petitioner herein."
