Delhi Riots: High Court Issues Notice On Tahir Hussain's Bail Plea In IB Staffer Ankit Sharma's Murder Case

Former Aam Aadmi Party Councillor Tahir Hussain on Tuesday (December 24) moved the Delhi High Court seeking bail in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 North-East Delhi riots.

Justice Anoop Kumar Mendiratta issued notice on Hussain's bail plea and sought the response of the Delhi Police.

Hussain's regular bail plea was rejected by the Trial Court on December 03 for want of material change in circumstances.

Before the High Court, Hussain has argued that the Trial Court has completely disregarded the principle of grant of bail is rule especially in light of the fact that he has suffered long period of incarceration and that it is unlikely that the trial will conclude anytime soon.

Tahir has submitted that as on date, he has completed 4 years and 9 months in custody.

It is his case that out of 20 prosecution witnesses examined so far before the trial court, most of the alleged public eye-witnesses have either not supported the prosecution case or their testimony fails to inspire confidence of the court.

He has also contended that co-accused persons allegedly involved in the riotous mob and committing the offence of murder have already been granted bail by the High Court.

He submits that the trial court has failed to consider the fact that the allegation against him is remote as compared to other co-accused persons in the FIR.

The bail plea has been filed through Advocates Tara Narula, Sonal Sarda, Shivangi Sharma and Noyonika.

FIR 65 of 2020 was registered at Dayalpur police station on the basis of the complaint made by deceased's father.

He had lodged a missing report when his son went missing during the riots. Ankit's body was later recovered from a drain. He was declared as brought dead by GTB hospital.

The complainant's son Ankit Sharma, an Officer working with the Intelligence Bureau, left his house at around 5 pmon the said date for buying groceries and general household items. However, he did not return home even after several hours.

Later, his dead body was found lying in a drain near Chand Bagh Pulia. He had sustained sharp injuries on his head, face, chest, back and on his waist.

Thereafter, an FIR was registered by the complainant stating that he had strong suspicion that his son was killed by the main accused Tahir Hussain and his associates.

The post-mortem report of the deceased Ankit Sharma revealed that there were 51 injuries caused due to sharp edged weapons and blunt force.

In March last year, the trial court framed charges against Tahir Hussain, Haseen, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam and Muntajim. 

Charges were framed under sections 147, 148, 153A, 302, 365, 120B, 149, 188 and 153A of Indian Penal Code, 1860. Hussain was additionally charged under sections 505, 109 and 114 of IPC. Accused Nazim was additionally charged under section 25 of the Arms Act.

Case Title: Tahir Hussain v. State