Observing that the petitioner's role in the creation of the "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.
The plea of the 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, and cannot be accepted. 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 the incident and his participation in "Kattar Hindu Ekta" Whatsapp group, is still under scrutiny. Besides, PCR call record, statement of eyewitnesses 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.
The Delhi High Court on Friday declined to grant bail to an accused in a case of murder connected to the Northeast Delhi riots. 19-year-old Hashim Ali’s dead body was found in Bhagirathi Vihar Nala along with two more corpses on February 27 last year.
“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 the present case, the petitioner is implicated in eight other FIR cases and the apprehension expressed by the prosecution that if released on bail, the petitioner may threaten or influence the witnesses, is not misplaced,” said Justice Suresh Kumar Kait in the order while denying bail to accused Pankaj Sharma.
According to the police investigation, three persons Mohit Sharma, Shivam Bhardwaj, and Dimple Rai were found to be “continuously observing” the course of the probe in the case.
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 the present case, the petitioner is implicated in eight other FIR cases and the apprehension expressed by the prosecution that if released on bail, petitioner at this stage.