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The Delhi high court granted bail on Thursday to three men in a case relating to the killing of Intelligence Bureau staffer Ankit Sharma during the February 2020 northeast Delhi riots, saying during the pendency of trial, bail is the rule while jail is an exception.
The high court gave relief to accused Shoaib Alam, Gulfam and Javed, noting that they have been in custody for four years and the trial in the case is not likely to conclude any time soon.
"Though a long period of incarceration alone may not be a sufficient reason to grant bail to an accused in a case which is punishable with death or life imprisonment, however, it would weigh with the court while considering a balance to be struck between the interest of the prosecution or society and the rights of the accused guaranteed under Article 21 of the Constitution.
"It is to be remembered that pending trial, bail is the rule while jail is an exception. Also, the purpose of keeping an accused in jail during the trial is to ensure that he faces trial, does not abscond and, if found guilty, is available to serve his sentence. The purpose is not to punish the accused," Justice Navin Chawla said.
The court, however, denied bail to the fourth accused, Nazim, saying important public witnesses are yet to be examined by the prosecution and there is a likelihood that if released on bail, he may influence or threaten them.
"Though it may be true that in the present case, the trial may take a long period to conclude, however, that alone cannot be a ground to release the applicant on bail where he is charged with a heinous and grave crime," it said.
The court said Nazim has not been able to make out a case for being released on bail at this stage. It said it is conscious of the fact that some other co-accused are being granted bail, however, each case has to be determined on its own facts and the evidence brought forward against each of the accused persons.
The prosecution contended that Nazim is a declared "bad character" of the Dayalpur police station and has 12 FIRs against him.
According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur police station that his son Ankit Sharma, who was posted in the IB, was missing since the day before.
The complainant later came to know from locals that a person was killed and the body thrown into the Khajuri Khas nala from the masjid of Chand Bagh pulia.
The prosecution alleged that Sharma's body was found from the Khajuri Khas nala and it had 51 injuries.
Former Aam Aadmi Party councillor Tahir Hussain is one of the accused in the case.
According to the prosecution, the four accused were part of a violent mob that killed Sharma and was involved in rioting and arson.
Communal clashes broke 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.