By Sushil Batra
New Delhi [India], March 31 (ANI): A Delhi court on Wednesday dismissed the bail plea of an accused facing an FIR in connection with North East Delhi Violence under various sections of the Indian Penal Court and Arms Act stating that if the applicant is released on bail at this stage, then the possibility of his threatening or intimidating the injured and public witnesses cannot be ruled out.
While dismissing the bail plea of the accused Gulfam, Additional Sessions Judge Vinod Yadav said, "It is apparent from the record that injured and public witnesses are persons from the same locality. The applicant, if released on bail at this stage, then the possibility of his threatening or intimidating the injured and public witnesses cannot be ruled out."
"....Considering the facts and circumstances of the case in totality, I am of the considered opinion that the applicant is not entitled to bail in the matter at this stage. The bail application in question accordingly stands dismissed," said Yadav in the order.
Yadav in his order said, "I find substance in the submissions of Special Public Prosecutor that on account of availability of 'direct evidence' against the accused whereby he has categorically defined the role of the applicant being the person who had fired from the rooftop of the house/building of principal accused Tahir Hussain, his claiming parity with co-accused Tanveer Malik is totally unjustified/uncalled for."
During arguments, Special Public Prosecutor Manoj Chaudhary submitted that the case is "sensitive" in nature, which involves the violence which took place at or around the house of the main accused Tahir Hussain.
During the investigation, it has emerged that there was a "deeprooted conspiracy" which triggered violence in Delhi. A web of conspirators, instigators and rioters has been identified and several of them have been arrested.
Advocate Manoj Chaudhary also argued that there is "direct evidence" available against accused Gulfam in as much as he has been categorically named/identified by injured Prince Bansal as the person who was present at the rooftop of the building/house of the principal accused Tahir Hussain and had fired upon him.
Whereas, Advocate Salim Malik who represented the accused submitted that one co-accused namely Nazim has already been enlarged on bail by the court, and thereafter another co-accused namely Tanveer Malik also stood admitted on bail by the Delhi High Court.
He also argued that the applicant has been falsely implicated in the matter by the investigating agency. He has been in judicial custody since April 30 last year.
It was vehemently argued that the alleged pistol recovered from the applicant was seized, the FSL report whereof has come out to be "negative".
In February last year, clashes broke out in the northeast area of Delhi between the groups supporting and opposing the Citizenship Amendment Act (CAA), which led to the deaths of at least 53 people. (ANI)