Former Aam Aadmi Party Councillor Tahir Hussain approached the Delhi High Court on Tuesday, December 24, seeking bail in connection with the murder of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 North-East Delhi riots. 

Justice Anoop Kumar Mendiratta has issued a notice on the bail plea and requested a response from the Delhi Police.

Hussain’s regular bail plea was previously rejected by the Trial Court on December 3, citing a lack of material change in circumstances.  

Before the High Court, Hussain has argued that the Trial Court failed to uphold the principle that bail is the rule, particularly considering his prolonged incarceration and the unlikelihood of the trial concluding in the near future.

Tahir has submitted that he has been in custody for 4 years and 9 months as of now.  

He contends that, of the 20 prosecution witnesses examined so far before the Trial Court, most of the alleged public eyewitnesses have either not supported the prosecution’s case or provided testimony that fails to inspire the court's confidence.

Tahir has further argued that co-accused individuals, allegedly part of the riotous mob and implicated in the murder offence, have already been granted bail by the High Court.  

He contends that the Trial Court overlooked the fact that the allegations against him are less direct and significant compared to those against other co-accused named in the FIR.

The bail plea has been filed by Advocates Tara Narula, Sonal Sarda, Shivangi Sharma, and Noyonika. The case pertains to FIR No. 65 of 2020, registered at Dayalpur police station based on a complaint by the deceased's father.  

The father had initially lodged a missing report when his son went missing during the riots. Ankit's body was subsequently recovered from a drain and declared brought dead by GTB Hospital.

The complainant's son, Ankit Sharma, an Intelligence Bureau officer, left his house around 5 p.m. on the said date to purchase groceries and household items. However, he did not return even after several hours. Later, his body was discovered in a drain near Chand Bagh Pulia, bearing sharp injuries on the head, face, chest, back, and waist.  

Subsequently, the complainant lodged an FIR, expressing a strong suspicion that his son was murdered by the main accused, Tahir Hussain, along with his associates.  

The post-mortem report revealed that Ankit Sharma sustained 51 injuries inflicted by sharp-edged weapons and blunt force trauma.

In March last year, the trial court framed charges against Tahir Hussain, Haseen, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam and Muntajim.

Charges in the case were framed under Sections 147, 148, 153A, 302, 365, 120B, 149, 188, and 153A of the Indian Penal Code, 1860. Additionally, Tahir Hussain faced charges under Sections 505, 109, and 114 of the IPC, while co-accused Nazim was charged under Section 25 of the Arms Act.