BENGALURU: The high court has refused to grant bail to accused no. 1 Irfan Pasha and accused no. 4 Mohammed Muzeeb Ulla in the RSS worker Rudresh murder case.
The duo had appealed against the April 21, 2021 order of the special court for NIA cases rejecting their bail pleas.
“Perusal of the material on record discloses that there is sufficient material against appellants/accused no. 1 and 4. Prima facie case exists against them. Hence, there is no merit in this appeal. There are no grounds to set aside the impugned order,” a division bench headed by justice K Somashekar observed.
The bench said there was no animosity between the accused (1 to 5) and the deceased (Rudresh) and the alleged act of murder was committed with the intent to create terror.
“As per the prosecution’s case, the motive for murder of Rudresh was to create terror in the minds of RSS members. Considering the chargesheet material, the trial court rightly came to the conclusion that there is a prima facie case against the accused persons to show their involvement in the crime. Therefore, as per the provisions contained under section 43(D)(5) of the Unlawful Activities Prevention Act (UAPA), the accused persons facing charge under its provisions are not entitled to bail unless the court comes to the conclusion that there is no prima facie case against them,” the bench further observed.
The appellants had contended there is no iota of evidence against them vis-a-vis murder, except their presence on a motorbike near the spot without any overt acts being attributed to them.
