The Delhi High Court in the case Tahir Hussain v. State observed wherein the former Aam Aadmi Party Councillor Tahir Hussain moved the court on December 24, 2024 seeking bail in the murder case of Intelligence Bureau, IB staffer Ankit Sharma during the 2020 North-East Delhi riots.
The bench headed by Justice Anoop Kumar Mendiratta in the case observed and has issued notice on bail petition of Hussain wherein seeking the response of the Delhi Police.
On December 03, the Trial Court rejected the Hussain’s regular bail petition for want of material change in circumstances.
It has been argued by Hussain before the court 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.
Further, Tahir submitted that as on date, he has completed 4 years and 9 months in custody.
It being the case of him 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.
It has also been contended by him before the court that co-accused persons allegedly were involved in the riotous mob and committing the offence of murder have already been granted bail by the High Court.
Before the court, Tahir submitted 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 counsel, Advocates Tara Narula, Sonal Sarda, Shivangi Sharma and Noyonika moved the bail petition.
The FIR 65 of 2020 was registered at Dayalpur police station which being on the basis of the complaint made by deceased’s father.
He also lodged a missing report when his son went missing during the riots.
Later, Ankit’s body was recovered from a drain and he was declared as brought dead by GTB hospital.
The son of complainant, an officer who is working with the Intelligence Bureau, left his house at around 5 pm on the said date for buying groceries and general household items.
However, he did not return home even after several hours.
The court found his dead body lying in a drain near Chand Bagh Pulia. He had sustained sharp injuries on his head, face, chest, back and on his waist.
In the present matter, an First Information Report, FIR was registered by the complainant wherein it is stated that he had strong suspicion that his son was killed by the main accused Tahir Hussain and his associates.
Further, the post-mortem report of the deceased Ankit Sharma revealed that there were 51 injuries caused due to sharp edged weapons and blunt force.
Last Year, In March, the Trial Court framed charges against Tahir Hussain, Haseen, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam and Muntajim.
The charges are framed under section 147, section 148, section 153A, section 302, section 365, section 120B, section 149, section 188 and section 153A of Indian Penal Code, IPC 1860.
Hussain was additionally charged under section 505, section 109 and section 114 of Indian Penal Code, IPC 1860.
Accused Nazim was additionally charged under section 25 of the Arms Act.
