[Delhi Riots] Delhi Court Denies Bail To Tahir Hussain's Associate In IB Official Ankit Sharma Murder Case [Read Order]

While rejecting the Bail plea of Sameer Khan, the Additional Sessions Judge, Vinod Yadav observed,

"It is prima facie apparent that the "riotous mob" armed with "lethal weapons" had engaged in vandalism, looting and torching of public and private properties and their main objective was to cause maximum damage to the lives and properties of persons belonging to other community."

Arguments put forth

The Counsel for the Applicant argued before the Court that there was an "unexplained delay" in the registration of FIR in the matter in as much as information about the death of IB Officer Shri Ankit Sharma was received at Police Station Dayalpur at about 18:06 hours on 25.02.2020; whereas the FIR was registered at around 23:54 hours on 26.02.2020 and this time gap period was used by the investigating agency to fill in the lacunas and stage-manage the circumstances of the incident.

Further, it was contended that the applicant has not been specifically named in the FIR. No recovery of any firearm/weapon has been effected from the applicant. No site plan of the alleged presence of the applicant at the scene of the crime had been filed on record.

It was next argued that none of the witnesses in their evidence had stated about the applicant being involved in the murder of IB Officer Shri Ankit Sharma.

It was emphasized that PW Gyanender Kumar Kochar and Vikalp Kochar have given very minute details about the murder of Shri Ankit Sharma, but they have not named the applicant therein.

On the other hand, Special PP for the State argued that the Body of Ankit Sharma was recovered from Khajuri Khas nala near Chand Bagh pulia.

In the FIR, complainant Ravinder Kumar had stated that he had a strong suspicion that his son Ankit Sharma had been killed by main accused Tahir Hussain and his goons, who had gathered in his office and after killing his son, his body was thrown into the nala from the masjid.

Further, during the course of the investigation, on inspection of the building of main accused Tahir Hussain, i.e E-7, Khajuri Khas, main Karawal Nagar road, Delhi and the adjoining area, a lot of debris, stones, bricks, broken bottles, some glass bottles with liquid, bullets and burnt articles were found lying scattered on the main Karawal Nagar road.

The building of main accused Tahir Hussain had been used by rioters/miscreants/other persons (including the applicant) for brick pelting, stone pelting, the pelting of petrol bombs and acid bombs. A lot of stones, bricks, glass bottles containing petrol with neck stuffed with clothes and other material including catapults were found lying on the third floor and on roof top of the main accused Tahir Hussain's house.

It was also argued that a curious analysis of the two statements of PW Akash dated 11.03.2020 and 09.04.2020 recorded in the matter clearly and unerringly established that the applicant was part of the riotous mob which had indulged in arsoning, looting and torching of public and private property and on the instigation of main accused Tahir Hussain, the said mob had committed the murder of IB Officer Ankit Sharma.

It was also contended that his CDR location clearly established that on 25.02.2020 he was present at or around Chand Bagh puliya from 05.00 PM till 6.35 PM.

Court's Views

The Court observed that it was apparent on record from the statements of several witnesses that the applicant (Sameer Khan) 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.

The Court also took into account the fact that it was clearly apparent that the CDR location of the mobile phone, allegedly being used by the applicant was at or around the scene of occurrence on the date of the incident.

The Court found substance in the arguments of learned Special PP that there was 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 Court also observed,

"It is part of the record that several persons were injured by suffering gunshot injuries, namely Ajay Goswami, Ajay Jha and Prince Bansal; whereas, IB Officer Ankit Sharma lost his life. PW Akash has categorically identified the applicant to be part of the riotous mob that had brutally murdered IB Officer Ankit Sharma."

Considering the facts and circumstances of the case in totality, the Court did not find it to be a fit case for grant of bail. The bail application accordingly stood dismissed.

Notably, while noting that, "It is prima facie apparent that he used his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration", the Karkardooma Court (Delhi) on Thursday (22^nd October) dismissed the bail application of former AAP councillor Tahir Hussain and a prime accused in cases related to the February Northeast Delhi riots.