Delhi Riots- High Court Denies Bail To Two Men In Aamin Murder Case

The Delhi High Court on Tuesday denied bail to two men namely Ankit Chaudhary alias Fauzi and Rishabh Chaudhary, accused in the murder case of one Aamin, whose body was found on March 3 when the riots erupted in the national capital last year.

Justice Mukta Gupta pronounced the order after reserving it earlier this month.

About FIR 103/2020

The said FIR was registered on 03.03.2020 on the basis of a DD entry regarding lying of an unknown dead body in "Bhagirathi Vihar Nala". Later, the police found one male dead body lying face down in a decomposed condition having several injury marks on the head. 

During the course of investigation, said dead body was identified to be of one "Aamin" by his father namely Shahbuddin.

The FIR was registered under sec. 147, 148, 149, 302, 201 and 120-B of IPC.

Considering the seriousness and gravity of offence, on 28.03.2020 the investigation was transferred to SIT-III/Crime Branch. 

Ankit was formally arrested on April 4 last year after making disclosure statement regarding commission of crime alongwith other co-accused persons.

While dismissing Chaudhary's bail plea in the said FIR, the Trial Court, after forming a prima facie opinion that the accused was present at the spot and was "exhorting the rioters of a particular community who could have killed anybody on his instigation", observed that the accused along with others were members of a Whatsapp Group namely "Kattar Hindu Etka" wherein the language used appeared to be "highly communal in nature, clearly promoting disharmony, enmity and feelings of hatred towards the members of a particular community."

"It is common knowledge that the dreary days of 25/26.02.2020 saw parts of North-East Delhi gripped by a communal frenzy, reminiscent of carnage during the days of partition. Soon, the riots spread like wildfire across the smoke-grey skyline of Capital, engulfing new areas and snuffing out more and more innocent lives. The Delhi riots 2020 are a gaping wound in the conscience of a nation aspiring to be a major global power. The allegations against the applicant are extremely grave in nature," The Court had added.

During the course of hearing before the High Court, Ankit had argued that he has been involved in fourteen FIRs and cannot be present at all the places simultaneously and secondly, his location chart and the co accused were also at variance thereby not justifying the presence of two of them together.