New Delhi, May 20: Mystery surrounds the identities of four other persons seen in the ITC Maurya hotel CCTV footage at the time of the molestation and assault incident on early Friday morning.
The CCTV footage was played in a Delhi court on Saturday, and after it was found that cricketer Luke Pomersbach had not trespassed into the hotel room, it was easy game for his lawyer to secure a bail.
Meropolitan magistrate Navita Kumari Bagha found no evidence to show Luke had trespassed into Zohal's hotel room where the incident took place.
The CCTV footage shows there were several characters, other than the trio, Luke, Zohal and Sahil Peerzada, on the scene.
Indian Express reported that Zohal and Sahil were first accompanied to their room by Luke and Sahil's friend identified as one Moiz.
The footage shows them in the corridor outside the room at 5.11 am. The four wait outside the room for four minutes after which another person, identified as Miraj, opens the door from inside.
It appears from the footage that Luke had been invited in as a friend. Zohal alleged that once inside the room, he molested her and punched Sahil.
It is not clear what Moiz or Miraj were doing at the time of the incident, says the IE report.
Police say Miraj, a friend of Sahil, flew to Mumbai on Saturday morning. The whereabouts of Moiz remains unclear.
In the footage, Zohal is later seen running out of the room — police said that was the time she tried to contact the hotel security. Luke too is seen emerging from the room.
At 6.15 am, Luke is seen returning to the room, his right hand bandaged. This time, there are two unidentified persons with him, one in a grey T-shirt and the second in black track pants. A security guard is also visible. Luke and his friends make an attempt to enter the room but appear to be pushed out by someone inside. The video clip ends at this point.
Luke was granted bail because the FIR filed in the case was specifically about his first visit to the room.
For that, he was charged with trespass — the only offence that was non-bailable.
Under the Indian Penal Code, trespass with an intention to commit assault or hurt (Section 452) is punishable with a maximum prison term of seven years.
“No material evidence for offence under Section 452 IPC (trespass after preparation for hurt or assault) is made out against the accused. The other offences under Sections 323 (voluntarily causing hurt) and 354 (outraging the modesty of a woman) are bailable offences. I am granting him bail on a personal bond of Rs 30,000 with two sureties,” Magistrate Navita Kumari said.