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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Devangana Kalita - Appellant
Versus
State Of NCT Delhi - Respondent
Bail Application No. 2038 of 2020
Decided On : 01-09-2020
BAIL - Riots in Delhi - IPC, Arms Act, Prevention of Destruction of Public Property Act - 147/148/149/186/353/283/332/323/307/427/120B/34/188 IPC, 25/27 Arms Act, 3/4 PDPP Act - The court discussed the gravity of the offences, the role of the petitioner as the main conspirator, and the likelihood of the offence being repeated if the petitioner is released on bail. The court also considered the petitioner's academic record and her peaceful campaigns for equal rights. The court granted bail to the petitioner with certain conditions.
Fact of the Case:
The petitioner filed a bail petition under section 439 Cr.P.C. for offences related to riots in Delhi, including serious charges under IPC, Arms Act, and Prevention of Destruction of Public Property Act. The petitioner was alleged to be the main conspirator in the riots, and the gravity of the offences was emphasized by the prosecution. The petitioner's academic record and peaceful campaigns for equal rights were also presented.
Finding of the Court:
The court found that the petitioner satisfied the triple test for bail and was not named in certain disclosure statements and FIRs related to the riots. The court emphasized that the purpose of incarceration during trial is not punitive and granted bail to the petitioner with certain conditions.
Issues: The issues included the gravity of the offences, the role of the petitioner in the riots, the likelihood of the offence being repeated, and the petitioner's academic record and peaceful campaigns for equal rights.
Ratio Decidendi: The court considered the principles governing bail, the petitioner's satisfaction of the triple test for bail, and the purpose of incarceration during trial. The court also emphasized the presumption of innocence and the fundamental right to personal liberty.
Final Decision: The court granted bail to the petitioner with certain conditions, including the furnishing of a personal bond, not influencing witnesses or tampering with evidence, and not leaving the country without permission of the Trial Court.
JUDGMENT
Suresh Kumar Kait, J. - Present petition has been filed under section 439 Cr.P.C. for grant of bail to the petitioner in pursuance to FIR No. 50/2020 dated 26.02.2020 registered at Police Station Jafrabad (being investigated by Crime Branch) for the offences punishable under sections 147/148/149/ 186/353/283/332/323/307/427/120B/34/188 IPC & SECTION 25, 27 Arms Act and sections 3/4 of Prevention of Destruction of Public Property Act.
2. Mr.S.V. Raju, learned Additional Solicitor General has submitted, while opposing the present petition, that present case pertains to the riots which occurred in the North-East District of N.C.T. of Delhi, which resulted in the tragic death of 53 innocent people. A total of 581 persons got injured out of which there were 108 police personnel who received injuries. In the said riots, 2 police personnel (1 from Delhi Police & 1 from IB) were also murdered by members of the unlawful assembly. In the said riots, out of total of 581 injured people, 97 persons received Gunshot injuries, 08 persons received Acid attack injuries, 10 persons received Burn Injuries, 340 persons got injured due to Physical assault and 126 persons got injured due to Stone pelting. The said riots resulted in registration of a total of 752 FIRs out of which 60 FIRs are being investigated by the S.I.T. (Crime Branch), 1 (one) is by Special Cell and 691 FIRs are by the local jurisdictional police.
3. Further submitted that the instant case i.e. FIR No. 50/2020 registered on 26.02.2020 of very serious offences under Sections 147/148/149/186/ 353/283/332/323/307/427/120B/34/188 IPC, 25/27 Arms Act and 3,4 P.D.P.P. Act. The role of petitioner has emerged as that of the main conspirator, inasmuch as, she with an intention to flare communal passion and to instigate a section of people to indulge in rioting, did all the preparatory work such as organising and mobilisation of crowd, sustaining the mobilised mob of a particular community at the protest site, and thereafter, to instigate them to commit the offences as enumerated above. Moreover, the petitioner is involved in other cases, the details of the same are as under:-
(a) FIR No. 48/20, U/s 147/186/353/188/283/109/341/34 IPC of P.S. Jafrbad, Delhi;
(b) FIR No. 250/19, U/s 147/148/149/153- A(II)/436/437/323/325/353 /186/188/120B/34 IPC & 3 PDPP Act, P.S. Darya Ganj, Delhi;
(c) FIR No. 59/20, U/s 120B r/w 124A/302/307/353/186/212/395/427/436/452/454/114/147/ 148/149/153A/34 IPC, 3/4 PDPP Act, 25/27 Arms Act & 17/18 UA (P) Act, P.S. Crime Branch, Delhi.
4. It is submitted that she was physically present at the spot, i.e. site at 66 Foota Road, under Jafrabad Metro Station, Delhi since beginning i.e. at about 9:00 PM on 22.02.2020 till the final dispersal of the violent crowd on late evening i.e. at about 7:00 PM on 25.02.2020. The petitioner was also part of the violent crowd when the present incident dated 25.02.2020 occurred, where the crowd organised, mobilised and instigated by her with a common intention, fired gunshots and pelted stones, bottles, carrets etc. on the police personnel on duty who, as a result of the criminal force applied by her, sustained grievous injuries.
5. In addition, Mr.Raju has submitted that on 24.02.2020, when protestor namely Sharukh Pathan came out, with a pistol, from the protest site where the petitioner was leading protest and fired several rounds and also aimed on police officials. Accordingly, he was arrested in case FIR No. 51/20, P.S. Jafrabad, Delhi and his bail application was dismissed by this Court. The video clips of the protest on 05.01.2020 and 23.02.2020 have been seized. The video clips of 05.01.2020 shows her speech against C.A.A./N.R.C. and her initial speech for mobilization and instigation for the protest. The video link of twitter also shows presence of the petitioner at the spot on 23.02.2020 and also the request for mobilization due to the heavy police deployment. The mobile phone connectivity chart of the petitioner p
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