A Delhi court has refused to grant bail to Sonu Saifi for his alleged involvement in the murder of three persons -- Veer Bhan, Alok Tiwari and Dinesh -- in Karawal Nagar during the communal riots in the Northeast Delhi in February this year. Saifi is also an accused in the murder of Rahul Solanki and Dilbar Negi.
While refusing bail in these three murder cases, Vinod Yadav, Additional Sessions Judge Karkardooma court, said that since the accused and the injured along with witnesses belong to the same locality, there is a possibility that he will threaten or intimidate them if he is released on bail.
Saifi has been accused of being part of an armed “riotous mob” that grievously injured three persons who later died in the hospital. The mob had a common objective to cause maximum damage to the lives and properties of persons belonging to other community, charges against him state.
The first victim, Veer Bhan, was crossing Shiv Vihar Tiraha with his son Rohit on a motorcycle when Bhan received a bullet injury in his head. The second victim Alok Tiwari was standing on the road when he sustained injuries by sharp-edged and blunt objects.
Dinesh, the third victim, was standing in front of the gate of a dispensary at Shiv Vihar Tiraha with his friend Amit when he sustained a gunshot injury on his forehead. All three were admitted to GTB Hospital and died during treatment.
The police registered the first FIR in Bhan’s case on February 26 and Tiwari’s and Dinesh’s case, as second and third FIRs respectively, a day later on February 27, based on the information received from the hospital.
Saifi was arrested over the second and third FIR on May 16 whereas his arrest in the first FIR took place a day later on May 17.
Pradeep Teotia, Saifi’s lawyer, questioned the timings of the FIRs, saying they were registered after a considerable amount of time had passed.
Besides, he alleged that complainant(s) and eyewitnesses were “planted” by the investigating agency in order to “create false evidence” against the applicant just to “tarnish his reputation and social status.”
“No recovery of any sort has been effected from the applicant. He is not visible in any of the CCTV footage(s), being part of the ‘riotous mob’. He has clean past antecedents. He is stated to have deep roots in the society,” Teotia said as recorded in the court’s order.
He added that the CDR location of Saifi relied upon by the police was of no help to the prosecution, as he is a resident of the same area where the alleged incident(s) have taken place.
Teotia also told that court that Saifi never shared any “common objective” with the rioters and no useful purpose would be served by keeping him behind bars as the investigation in all the three matters was complete and chargesheets were filed.
On the other hand, Amit Prasad, Special Public Prosecutor, explained the reason for the delay in lodging the FIR and convinced the court that a “deep-rooted conspiracy” triggered communal riots in Delhi and Saifi was a part of that.
According to Prasad, an eyewitness, Ajeet Kumar Tomar, identified Saifi to be part of the riotous mob. Two other prosecution witnesses (PWs) Bhan’s son Rohit and brother Kamal Phool also identified Saifi. Dinesh’s friend Amit is also a witness who has identified Saifi.
The police said it also tracked Saifi’s mobile location near the scene of the crime on the date of the incident.
Besides the three eyewitnesses, the police said that three co-accused -- Salman, Parvez and Asharaf Ali -- disclosed Saifi's name during their respective interrogations.
The judge dismissed Teotia’s argument that Ajeet Kumar Tomar, Amit, Kamal Phool and Rohit being “planted witnesses”.
He said that their statements and presence “at the scene of crime prima facie appear to be natural and the same cannot be brushed aside at this stage because the same are yet to be tested at the anvil of trial and we are at ‘precognizance stage’.”
Saifi is also an accused in murder cases of Rahul Solanki and Dilbar Negi as witnesses identified him as part of a riotous group responsible for setting afire Anil Sweet Shop, in which victim Dilbar Negi got trapped and died.
