Hashim Ali Murder Case- "His Participation In 'Kattar Hindu Ekta' WhatsApp Group Still Under Scrutiny": Delhi HC Denies Bail To Riots Accused

Observing that the  petitioner's role in creation of "Kattar Hindu Ekta" whatsapp group is still under scrutiny, the Delhi High Court on Friday refused to grant bail to one Pankaj Sharma in connection with the Hashim Ali murder case which took place during the Delhi Riots that erupted in the national capital last year. Sharma had been in judicial custody since March 10, 2020.

A single judge bench comprising of Justice Suresh Kumar Kait observed thus:

"The plea of petitioner that similar to those cases, there is no CCTV footage in the present case and so, petitioner's involvement in the offence is not proved, cannot be accepted, as there may not be technical evidence in the form of CCTV footage but the call detail record of petitioner shows his presence at the spot of crime on the day of incident and his participation in "Kattar Hindu Ekta" whatsapp group, is still under scrutiny. Besides, PCR call record, statement of eye witnesses and other witnesses, dissuades this Court to keep a lenient view for petitioner." 

An FIR was registered against Sharma under sec. 302, 147, 148, 149, 427, 432, 435, 120B and 34 of IPC.

Sharma had challenged the order of the trial court rejecting his bail application on the ground that the trial court ignored material facts available on record while rejecting the bail application.

It was the case of the Prosecution that on February 27 last year, a call was received by SHO, Gokulpuri informing that a dead body was found in Bhagirathi Vihar Nala near Pulia. On reaching the spot, ASI found three dead bodies lying in the nala on both sides of the Jal Board Pulia along with a burnt motorcycle.

During the course of investigation, the body was identified to be of Hashim Ali and the post mortem report revealed that the cause of death was shock as a result of ante mortem injuries to head and abdomen produced by blunt force impact. Further, the report also opined that the injuries sustained were sufficient to independently cause death in ordinary course of nature.

Three persons namely Mohit Sharma, Shivam Bhardwaj and Dimple Rai were questioned during the investigation which revealed that Sharma and Bharadwaj were found to be members of whatsapp group namely "Kattar Hindu Ekta" created on February 25, 2020.

One Lokesh Solanki was later apprehended and disclosed names of persons who were actively involved in the riots, Sharma being one of them. It was also disclosed that he along with his other associates, including Sharma, had killed nine persons of other community, including Hashim Ali and his elder brother Aamir Khan and threw their bodies in ganda nala and burnt their vehicles to hide their identities.

Opposing the bail application, SPP submitted before the Court that the role of the petitioner, Sharma, in creation of the whatsapp group is still under scrutiny and that the allegations levelled against him are grave in nature and if released on bail, he may threat the eye witness who are living in the same area or will flee from the judicial process.

In view of this, the Court ordered thus:

"In the present case, the allegations levelled against the petitioner are grave in nature. In the alleged incident a young boy of 19 years has lost his life. As per post mortem report, 42 grievous injuries were found on the person of the deceased which proved fatal for him. The case is pending at the stage of framing of charge. Besides present case, petitioner is implicated in eight other FIR cases and the apprehension expressed by prosecution that if released on bail, petitioner may threaten or influence the witnesses, is not misplaced. In the aforesaid view of the matter, this Court is not inclined to grant bail to petitioner at this stage."

Title: Pankaj Sharma v. State of NCT of Delhi

Click Here To Read Order