Metropolitan Magistrate Rakesh Kumar Rampuri dismissed the bail application of Chand Mohhd, Raiees Khan and Firoz on the ground that a magistrate court does not have the power to grant the relief to them as there were murder charges against them in the case.
As per the provisions of law, a sessions court can hear a murder case.
The three were arrested for allegedly murdering Shahid, who died of gunshot injuries and his body was found on the roof of a building in Bhajanpura area where the violence took place.
The police had earlier told the court that no evidence has been found against the accused persons for their involvement for offences under sections 302 (murder), 201 (disappearance of evidence of offence) and 436 (mischief by fire or explosive substance) of the Indian Penal Code in the present case.
During the hearing, the investigating officer opposed the bail pleas saying the main culprit in the case was yet to be arrested, while others who were part of the crowd pelting stones and resorted to opening firearms are still to be identified.
The police informed the court that Chand had confessed to raising anti-religious slogans and was present on the roof of the building when Shahid received gunshot injuries.
It said that during the investigation, it was found that death of Shahid had occurred at the rooftop of a building in Bhajanpura area, where mob was attacking on the police, pelting stones and firearm were being used by both pro and anti-CAA groups resulting in the death of Head Constable Ratan Lal, while DCP Amit Sharma and ACP Bhajanpura were injured.
Head constable Ratan Lal died of bullet injuries in the clashes in Gokalpuri on February 24.
Investigations also revealed that the widespread riots were a result of larger conspiracy in the group of pro and anti-CAA protestors, the police claimed in its reply to the bail pleas.
Chand confessed that he, along with his friend Mohd Firoz and Sajid, were present there and they too raised anti-religious slogans, the police said.
"His friend Sajid had country made pistol and fired on the mob gathered at the opposite side on the road. Firearms were used by the members of both the groups. Meanwhile, one present at the roof sustained gunshot injury. Thereafter, Chand along with his two friends fled from the spot," the police said.
Advocate Abdul Gaffar, appearing for the accused, argued that the three persons were falsely implicated in the case and were not involved in the murder of Shahid or Ratan Lal.
Chand, Khan and Firoz were booked for the offences under various sections including 302 (murder), 148 (rioting armed with deadly weapon), 149 (unlawful assembly), 153-A (promoting enmity between different groups on grounds of religion), 505 (public mischief), 452 (house-trespass) and 436 (mischief by fire or explosive substance) of the IPC and relevant sections of the Arms Act and Prevention of Damage to Public Property Act.
The offences entail a maximum punishment of life imprisonment.
Communal clashes had broken out in northeast Delhi on February24 after violence between citizenship law supporters and protesters spiralled out of control leaving about 44 people dead and around 200 injured.
Frenzied mobs had torched houses, shops, vehicles, a petrol pump and pelted stones at residents and police personnel. PTI URD SA