Tahir Hussain's Alleged Associate Moves Delhi High Court Seeking Bail In Riots Case; Status Report Sought

The Delhi High Court on Thursday issued notice on the bail plea filed by an alleged associate of former AAP Councillor Tahir Hussain, namely Shoaib Alam, who spent over 560 days in custody in a case concerning the North East Delhi riots (FIR 114/2020).

Justice Subramonium Prasad sought status report from the Delhi Police and asked Advocate Dhruv Pande to file a compilation of photos, videos and maps relied upon by the prosecution in the present plea as well as other bail pleas pending adjudication before the Court.

The Court had earlier this week issued notice on Alam's bail plea in another FIR 65/2020 registered at Dayalpur Police Station in connection with the Ankit Sharma murder case.

It is the case of Alam that the Sessions Judge, while denying him bail in the present FIR, had failed to acknowledge that there was no evidence on record to establish that he was at the crime scene or had any connection with Tahir Hussain.

The FIR against him was registered under Sections 109 (abetment), 114 (Abettor present when offence is committed), 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 427 (Mischief), 454 (Lurking house-trespass), 395 (dacoity), 435 (Mischief by fire or explosive substance), 153-A (Promoting enmity between different groups on grounds of religion, etc.), 505 (Statements conducing to public mischief), 120-B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code, 1860 and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 (PDPP Act).

The complainant, one Karan, had alleged that around 40-50 people allegedly associated with Tahir Hussain looted the godown of his shop and that valuable property was allegedly stolen, spare parts and important documents were burnt, due to which the Complainant allegedly suffered a loss of around Indian Rs. 25-30 Lakhs.

"No specific role has been attributed to the Applicant, nor that he was armed in any way. Further, the identification by the alleged eyewitnesses cannot be relied on since there was a crowd of at least 150 people and no TIP was conducted and further such identification took place after an inordinate delay," the plea reads.

The plea has been filed through Advocates Tara Narula, Tamanna Pankaj, Aparajita Sinha and S Debabrata Reddy.

Also Read: Delhi Riots: High Court Issues Notice On Bail Plea Filed By Man Who Spent Over 600 Days In Custody In Ankit Sharma Murder Case

Case Title: SHOAIB ALAM @ BOBBY v. STATE NCT OF DELHI