BENGALURU: The Special Court for NIA cases has rejected bail for the two accused in the murder of RSS worker Rudresh, which occurred on October 16, 2016.Irfan Pasha and Mohammed Mujeeb Ulla alias Mujeeb alias Moula, the alleged members of the Popular Front of India arrested in connection with the case, had moved a bail petition before the court. Their advocate had contended that they had no link with the crime.
The defence lawyer had submitted that even the statement of some witnesses had not attributed any overt act by the petitioners, and despite several CCTVs around the crime scene, the images of the petitioners were not found at the relevant time and there was no record to establish they were PFI members.
Objecting, the prosecution had submitted that the matter is very serious, as they intended to create terror in the mind of people, particularly against a class of society, and was committed in broad daylight in a public place using a lethal weapon. And, some witnesses had identified them in the Test Identification Parade and CCTV footage revealed that they were assisting two other accused.
The court observed that the prosecution produced plenty of evidence to establish the accused were involved in the crime, and that mere delay in trial is not a ground for bail. It noted that Asim Shariff, the brain behind the crime, was already rejected bail by this court, High Court and the Supreme Court. “The entire perusal of chargesheet material at this stage indicate that the petitioners were following A2 and A3 (two other accused) on another motorcycle to ensure the execution of the act, and the material on hand reveals that at this stage, there is prima facie case against these accused,” Judge Kasanappa Naik said, rejecting the bail petition.