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IN THE HIGH COURT OF DELHI
SURESH KUMAR KAIT, J.
Rashid @ Monu – Petitioner
Versus
State (NCT of Delhi) – Respondent
Bail Appln. No. 4104 of 2020
Decided On : 22-02-2021
Bail - Criminal Conspiracy - Sections 147/148/149/302/201/436/427/120-B/34 IPC - [Sections 147, 148, 149, 302, 201, 436, 427, 120-B, 34 IPC] - The court granted bail to the petitioner under Section 439 Cr.P.C. in a case involving charges under various sections of the Indian Penal Code. The court considered the evidence, including CCTV footage, witness statements, and CDR location, and found that the petitioner deserved bail due to lack of substantial evidence against him and the unreliability of key witnesses.
Fact of the Case:
The petitioner filed a bail petition under Section 439 Cr.P.C. in a case involving charges under various sections of the Indian Penal Code, related to a riot and murder incident in Delhi.
Finding of the Court:
The court found that the prosecution's evidence, including witness statements and CDR location, did not establish the petitioner's direct involvement in the incident. The court also noted the unreliability of key witnesses and the lack of substantial evidence against the petitioner.
Issues: The issues involved the reliability of witness statements, CDR location, and the petitioner's alleged involvement in the riot and murder incident.
Ratio Decidendi: The court's decision was based on the lack of substantial evidence against the petitioner, the unreliability of key witnesses, and the admission by the prosecution regarding the CDR location not establishing the petitioner's presence at the incident site.
Final Decision: The court granted bail to the petitioner on the grounds of lack of substantial evidence, unreliability of key witnesses, and the petitioner being an auto-rickshaw puller with no flight risk.
JUDGMENT :
The hearing of the case was conducted through video conferencing.
1. The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of bail in case FIR No.39/2020, for the offences punishable under Sections 147/148/149/302/201/436/427/120-B/34 IPC, registered at PS Gokul Puri, Delhi.
2. Case of the prosecution is that on 26.02.2020 at 01.04 PM, a PCR call vide DD No.17A regarding stone pelting near Kabir Builder, Gall No. 11, Bhagirathi Vihar, Delhi was received at PS GokulPuri. On spot, it was found that mob had burnt a building of Anil Sweet situated at A-29, Chaman Park, Main Brijpuri Road, Delhi. The building was in burnt condition and on the 2nd floor, one body without hands and legs was found lying in burnt condition. The deceased was identified as Dilbar Singh Negi S/o Gopal Singh R/o Village- Shekhda, Chaki Sen, Pauri Garwal, Uttrakhand, who used to work as a waiter in Anil Sweet Corner. Accordingly, the present FIR was registered. The investigation of case was transferred to Crime Branch SIT.
3. During investigation, it has been found that Anil Pal is owner of building No.A-29, Ghaman Park and his another shop has also been torched by the rioters. On 24.02.2020, a riot had taken place on main road in front of A-29, Ghaman Park, Main Brijpuri Road where the mob pelted stones, chanted anti-Hindu slogans, ransacked and torched many shops. On the basis of statements of eye-witnesses, Section 153A IPC was also incorporated in case. During investigation, CCTV footages of nearby Rajdhani Public School and several mobile phone footages have been found. During the analysis of CCTV footage, it was found that there was huge gathering at Main Brijpuri Road and rooftops of building and people in mob were promoting enmity & disharmony by rioting, stone pelting and instigating others. Some persons in mob also killed the deceased Dilber Singh Negi and burnt him along with the whole building. Petrol bottles and bag of kanche have also been seized from the roof of the building. Statements of the other eye-witness also recorded and on the basis of statements of the eye-witness, CCTV footage and mobile locations, total 12 accused have been arrested in the present case. Petitioner herein was arrested on the basis of statement of eye-witness Himanshu and on the basis of location of the mobile No.9564796812 which was carried by the petitioner.
4. Case of the petitioner is that on the afternoon of 24.02.2020, large scale violence unfolded in Shiv Vihar Tiraha, Karawal Nagar, resulting in large scale destruction and loss of life and property. Accordingly, several FIRs were filed regarding the damage incurred and the first among them was the present FIR No.39/2020 in which the petitioner was arraigned and thereafter, he was arrested. The present FIR was registered at Gokulpuri Police Station subsequent to the retrieval of the charred body of a young worker Dilbar Negi by the police on the second floor of Anil Sweet Shop. Pertinently, several other FIRs were also registered regarding different damages incurred, including the FIR No.134/2020 which was registered at Police Station Dayalpur on 05.03.2020 for the alleged vandalism, robbery and arson in DRP Convent School in Shiv Vihar Tiraha, Karawal Nagar in which the petitioner has been additionally been arraigned.
5. Learned counsel for the petitioner submitted that in the present FIR, the provisions of Sections 144/147/148/149/188/153-A/302/201/427/436/ 120-B/34 IPC were invoked and the investigating agency completed investigation and filed a charge-sheet and a supplementary charge-sheet thereafter. The charge-sheet has been committed before the Court of Ld. ASJ Court on 15.01.2021 and the matter was listed for charges on 17.02.2021. Crucially, the prosecution has a flimsy case against the petitioner which is; (i) a statement of Himanshu, a student of 12th standard who claims to have seen the petitioner participating in sloganeering and stone pelting; and (ii) th
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