Witnesses establish Tahir Hussain's presence: Court dismisses bail plea in Ankit Sharma murder case
Jul 13, 2020
New Delhi [India], July 13 : A Delhi court on Monday dismissed the bail plea of suspended AAP Councillor Tahir Hussain in connection with a case pertaining to the murder of Intelligence Bureau (IB) staffer Ankit Sharma during the northeast Delhi violence.
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.
"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 court 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.
Senior Lawyer KK Menon, representing Tahir Hussain, argued that there was a delay in recording the statements under Section 161 of the Code of Criminal Procedure (CrPC) of the witnesses as well as the statements under Section 164 of the CrPC.
"The accused has not been identified in the test identification parade (TIP) proceedings. There is no evidence by way of video footage or CCTV footage to prove that the applicant was present at the scene of the crime at the time of the incident," Menon submitted.
He said that co-accused has categorically admitted in his extra-judicial confession about the murder of Ankit Sharma by him alone, adding that it clearly exculpates the applicant.
"Further, there is no evidence of abetment or conspiracy to kill Ankit Sharma on the part of the applicant. It is further argued that the applicant himself had made PCR calls to save his skin from legal complications in the future," Menon added.
According to the charge sheet, Hussain is one of the prime accused in the killing of IB staffer Ankit Sharma, whose body was recovered from a drain in Chand Bagh on February 26, during the violence in northeast Delhi.
A witness standing on a terrace had captured a video on his mobile phone, in which a group of persons are seen dumping the dead body in the drain, the charge sheet said adding that during post mortem, the doctors found 51 sharp and blunt injuries on Ankit's body.
Ten persons, including Tahir Hussain, have been arrested in the case.
The charge sheet said that the investigation has revealed a deep-rooted conspiracy behind the riot and murder of Ankit Sharma, who was a familiar face in the area. He was specifically targeted by a mob led by Tahir Hussain, it said.
Delhi Police, in the charge sheet, 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.
The deceased's father, Ravinder Kumar, on whose complaint the FIR was lodged, had named the erstwhile AAP councillor as an accused in the matter. He had alleged that Hussain, whose office is located near Chand Bagh Pulia, had gathered men who were pelting stones and petrol bombs during the violence which led to tension and fear among the residents.
