A Delhi court has dismissed the bail application of a man in a northeast Delhi riots case, saying he can be seen in a video footage roaming on the roof of the house of suspended AAP Councillor and principal accused Tahir Hussain, which gave a clear impression that he allegedly participated in the riots actively. Additional Sessions Judge Vinod Yadav said the court found substance in the prosecution's arguments that accused Irshad Ahmad was a desperate person and an accused in four other cases related to the riots in Khajuri Khas area.
The court said the possibility of Ahmad threatening the witnesses and tampering with the evidence, if released on bail, cannot be ruled out. Most importantly, it is relevant to note here that the investigating agency had collected about eight videos related to the house of principal accused Tahir Hussain. The applicant (Ahmad) is seen in the said video(s) roaming on the rooftop of the house of principal accused Tahir Hussain on the day of incident, thus giving a clear impression that he was not only member of the riotous group, but also took active participation in the riots.
I find substance in the argument of Special Public Prosecutor that the applicant is a desperate person, who is an accused in four other cases of the same cluster; and possibility of he threatening the witnesses and tampering with the evidence, if released on bail cannot be ruled out, the judge said in his order passed on November 28. The court said the call detail record of the accused revealed his presence at the scene of the crime on the day of the incident and that he was in constant touch with principal accused Hussain as a total number of 320 calls were made from 2019 to February 2020.
Considering the gravity of offence in the matter coupled with the fact that the riots at the scene of crime were really horrific; wherein, loss of innocent lives as well as damage to the property of general public was enormous; the further investigation in the matter is on and a number of suspects who participated in the riots at the scene of crime have to be arrested and the release of applicant at this stage may hamper the further investigation; I do not find it to be a fit case for grant of bail to the applicant, the judge said. During the hearing, Ahmad's counsel said he has been falsely implicated in the matter and no recovery of any sort has been effected from him.
Special Public Prosecutor Manoj Chaudhary, appearing for the police, opposed the bail saying the case was sensitive in nature which involved the communal riots taking place allegedly around the house of Hussain. Chaudhary further alleged that the accused persons in the case hatched a well-designed conspiracy and were already prepared and in the mood to commit the riots to cause maximum damage to the other community. Communal violence had broken out in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.