NEW DELHI: A Delhi court Thursday dismissed a bail plea of an accused in a case related to the killing of a local resident during the communal violence in northeast Delhi in February, saying he has been identified by the eye witness in the case.
Additional Sessions Judge Vinod Yadav refused to grant the relief to Bharat Bhushan in the case of the alleged murder of Babbu during the riots in Khajuri Khas area.
The judge said in his order, "Considering the gravity of the offence in this matter as well as the fact that the applicant (Bhushan) has been categorically identified by the independent eye witness, I do not find it to be a fit case for grant of bail."
During the hearing held through video conferencing, Special Public Prosecutor Naresh Kumar Gaur, appearing for the state, opposed the bail plea saying Bhushan has been categorically identified by independent eye witness Sabir.
The prosecutor said constables Amit and Bhupender also identified Bhushan to be one of the rioters who had allegedly killed Babbu.
He further said that the call detail records location of the accused was at or around the spot of the incident.
Video footage showing the incident of alleged murder of Babbu was captured by BBC TV and the investigating officer has written to them to provide it to him.
Bhushan's counsel told the court that he was arrested on the basis of a disclosure statement of co-accused and the investigation was complete in the case.
The accused has not been seen in any of the CCTV camera taking active part in the riots or the alleged murder of Babbu, his lawyer claimed. Bhushan was arrested for the offences under sections 147 and 148 (rioting), 149 (unlawful assembly), 302 (murder) and 34 (common intention) of the Indian Penal Code.
The offences entail a maximum punishment of death penalty.
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 around 200 injured.