Delhi riots: HC denies bail to Tahir Hussain, order says 'allegations grave'

"Viewing this incident as an off-shoot of the larger conspiracy is essential to appreciate its full gravity and the prima facie role of the applicant (Hussain) within it," the bail rejection order added.

On February 26, 2020, complainant Ravinder Kumar informed the Dayalpur police station officials that his son Ankit Sharma, who was posted in the Intelligence Bureau (IB), was missing since February 25, 2020.

He later learnt from some locals that a person's body was dumped in the Khajuri Khas nala from the masjid of Chand Bagh pulia after being murdered.

The prosecution alleged that Sharma's body was recovered from Khajuri Khas nala and there were 51 injuries on his body.

It was Hussain's fifth bail application filed in the case and has been in judicial custody since March 16, 2020.

Four other accused were also stated to be the part of the violent mob which was involved in the acts of rioting and arson, which killed Sharma.

The court said the conspiracy involved escalating the anti-CAA/NRC protests into chakka-jams and violent riots, particularly during the state visit of the US President, to garner international attention.

The events leading to the murder of Sharma on February 25, 2020 at Chand Bagh Pulia align precisely with the methods and objectives of this larger conspiracy, it said.

The high court said a primary objective of the larger conspiracy was to incite widespread communal violence by propagating a misleading narrative against the CAA/ NRC.

It noted that said Hussain in a well-planned manner had shifted his family well in time and his house, which was allegedly identified as a key protest and riot site in the larger conspiracy, was used as a "fort" and an operational base to attack members of the Hindu community.

"The recovery of stones, petrol bombs, acid and slingshots from his rooftop and testimonies of witnesses seeing these items being pelted, directly correspond to the planned stockpiling and use of such items as part of the larger conspiracy", the court said.

Sharma's murder, the court said, cannot be viewed as a standalone incident or a spontaneous act of violence, rather, it was contextualised as a direct and foreseeable off-shoot of the larger criminal conspiracy whereby communal riots were organised in Delhi.

It was a premeditated and well-orchestrated conspiracy, allegedly hatched between several accused persons, of which Hussain was the mastermind, the order added.

The court rejected Hussain's ground of prolonged trial for seeking bail and noted that the trial has almost concluded and is at fag end.

"Long incarceration in itself ought not to lead to enlargement on bail when the facts prima facie show involvement in grave and serious offences. In cases involving large-scale communal riots, threatening the unity, integrity, and sovereignty of the country, the interest of national security and public order must be balanced against individual rights," the court said.

The court said Hussain's conduct in the trial of other cases arising out of the north east Delhi riots cannot be ignored and referred to an alleged attempt to influence a prosecution witness through his son.

Communal clashes had broken out in northeast Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.