A special NIA court has dismissed the bail plea of Amir Abbas Dev, a co-accused-turned-approver in the September 2011 Delhi High Court blast case, in which the lone arrested accused is facing trial.
During an in-chamber hearing, district judge I S Mehta denied the relief to Mr. Dev who had moved the court seeking bail on the ground that recording of his statement in the case has already been concluded, court sources said.
Mr. Dev, who was initially arrested by National Investigation Agency (NIA) in connection with the blast at the Delhi High Court’s reception on September 7, 2011 in which 15 people were killed, had later turned approver.
Wasim Akram Malik, the lone arrested accused, is facing trial in the case.
Mr. Dev had earlier given two statements before a magistrate under section 164 of the CrPC and both his testimonies had been placed before the special NIA court during his examination in the trial.
A statement recorded by a magistrate under section 164 of the CrPC binds a person and any subsequent deviation would make him liable for prosecution of the offence of perjury.
In his two statements, the co-accused had given details of conspiracy behind the blast at the High Court’s reception and had also stated about hatching of conspiracy and involvement of other accused in the blast.
The court had earlier framed charges against Malik under various provisions of the IPC, including that of waging war against India, the Unlawful Activities (Prevention) Act and the Explosive Substance Act.
The trial court had initially declined the NIA’s plea to prosecute Malik under stringent charge of waging war against India, which entails maximum punishment of death penalty, but the Delhi High Court had ruled otherwise.
NIA had filed a charge sheet against six persons, including Malik, Dev and a minor. The juvenile’s case is being adjudicated separately.
