New Delhi: Shahrukh Pathan, who allegedly pointed a gun at a Delhi Police head constable during the Delhi communal riots in 2020, on Thursday sought bail in an attempt to murder case, contending that he has been incarcerated for 495 days based on conjectures and surmises.
Pathan is an accused in two cases -- pointing a gun at head constable Deepak Dahiya and attempt to murder of one Rohit Shukla during the violence in northeast Delhi. He is currently lodged in Tihar Jail.
The accused, through advocate Khalid Akhtar, told Additional Sessions Judge Amitabh Rawat that there are discrepancies in Shukla's statement, delay in the probe, and no evidence in relation to his presence at the site of the alleged incident.
"This entire case is nothing but a witch-hunt. The entire investigation is based on conjecture and surmises. I have been incarcerated for 495 days without any evidence and despite contradictory statements," Pathan's advocate told the court which reserved its order on the bail application.
He further apprised the court that Shukla, who received a gunshot injury in his leg, did not identify the accused in his first statement to the police and was only recognized later, which he said shows discrepancy.
The incident allegedly happened at Maujpur chowk.
"Does CCTV or CDR establish my presence? No. There are contradictory statements. The discrepancy in place of incident. There is no person who has recognized me," he said, calling it a "malicious prosecution." Furthermore, the advocate said that the prosecution has been misleading the court to show Pathan as "the poster boy of the riots" and sought a fair and impartial trial in the case.
There are five accused in the case, including Pathan.
One of the accused Salman, through advocate Abdul Gaffar, sought discharge in the case due to the lack of evidence. Special Public Prosecutor Anuj Handa opposed Pathan's bail application saying there is a possibility of him absconding.
"There is a chance that the accused may abscond. He had fled earlier and was nabbed after great difficulty," the prosecutor said.
In the bail plea, Pathan called the entire investigation a "sham", claiming that the police officials have planted victims, witnesses, evidence, and testimonies. "The applicant does not just deserve bail but also the courts being the first protectorate of citizens liberty must reprimand the police officials," the plea stated.
Pathan is also accused in the case related to pointing a gun at head constable Deepak Dahiya. He was arrested on March 3, 2020, and is facing trial.
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