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The bail application has been moved by an accused in the Dolly Babbar murder case stating that he was not involved in the murder and was trying to save the life of the deceased victim.
The Delhi High Court recently issued notice on a bail application filed by one of the accused in the Dolly Babbar murder case after watching the CCTV video footage. The Court said, "the applicant clearly seems to be trying to save the deceased woman".
A bench of Justice Jasmeet Singh in a first-of-its-kind hearing allowed Advocate Mohit Rana appearing for the applicant to play the CCTV footage of the incident on his mobile phone and present the same before the Court.
The bench was hearing a bail application filed by Himanshu Sharma- one of the accused in the 2021 Dolly Babbar murder case wherein a 23-year-old woman was allegedly stabbed to death in Uttam Nagar, Delhi by her friends.
The plea filed through Advocate Mohit Rana states that it is apparent from the CCTV footage of the incident that Sharma was only trying to save the deceased victim & was preventing the prime accused from attacking her. Sharma moved the High Court after his bail application was rejected by the trial court.
Rana submitted before the bench that Sharma is a 19-year-old young guy with no prior criminal record and he is in jail only for trying to save the life of the deceased victim.
However, the Public Prosecutor contended that the bail application filed by another accused (accused no. 4) had not been allowed and the same had been withdrawn, to which Rana contended that the case of Sharma was absolutely different from accused no. 4. "The CCTV footage reveals different roles of the accused no. 4 and Sharma. Accused no. 4 was merely standing on the spot and watching the alleged incident whereas Sharma was witnessed trying to save the life of the deceased victim", he stated.
The bench after perusing the CCTV footage of the incident was of the prima facie view that Sharma is witnessed trying to save the life of the deceased victim and he was also preventing the assault and attack on the deceased victim.
Furthermore, the Public Prosecutor argued that there is no substance in the matter and arguments in the matter were heard in the previous bail application moved by the co-accused (accused no. 4), the same has not been allowed, to which, Rana submitted, "It is not only the accused no. 4 who has been blessed with the fundamental right to equality, to freedom and life and personal liberty."
The bench observed that the CCTV footage clearly showed that Sharma was trying to save the life of the deceased victim. In view of the above, the bench issued notice in the matter while directing a status report to be filed within 2 weeks and called for the nominal role of the applicant from the jail authorities.
Case Title: Himanshu Sharma Vs. The State of NCT of Delhi
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