The Delhi High Court Wednesday refused to grant bail to an accused who allegedly pointed a pistol at a police head constable during the communal violence in northeast Delhi in February, saying his intention was to become a hero and now he will have to face the law.
Justice Suresh Kumar Kait said he was not inclined to grant the relief to the accused, Shahrukh Pathan, after which his counsel withdrew the plea.
The plea is "dismissed as withdrawn", the court said, conducting the hearing through video conferencing. The court orally observed, "If you take law in your hands and become a hero, then you have to face the law. Your intention was to become a hero."
Pathan sought bail saying he has to take care of his 76-year-old father who is unwell and there is no one in the family to look after him.
Advocate Asghar Khan, representing Pathan, submitted that he has been in judicial custody for 113 days and has clean antecedents and not required for investigation as the chargesheet has been filed.
The counsel referred to the order passed by the high court on Monday granting bail to Jamia student Safoora Zargar on humanitarian grounds and said Pathan's bail plea be also considered that way.
Additional Public Prosecutor Amit Chadha opposed the bail plea saying they have got two more CCTV footages clearly showing the accused firing with the pistol and there is ample evidence to show what the entire country witnessed.
On the submission of counsel for the accused that he has to take care of his ailing father, the judge observed, "he should have thought about his family when he was brandishing a pistol. While committing the offence, you forget everyone and now you are thinking about your aged and ailing parents".
Pathan, 23, whose picture showing him pointing a pistol at unarmed Delhi Police head constable Deepak Dahia during the February communal riots went viral on social media, was arrested on March 3 from Uttar Pradesh's Shamli district, is lodged in jail in the national capital.
The police registered a case against him under the Indian Penal Code (IPC) and the Arms Act. The police said it recovered the pistol that Pathan had allegedly pointed at a police official during the communal violence, from his house. After opening fire, he kept the pistol at home and fled the city in a car, it said.
In the viral video, Pathan, a resident of northeast Delhi's Ghonda, could be seen pointing his pistol at the policeman on the Jaffrabad-Maujpur road on February 24.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.