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2021 Supreme(Del) 231

SURESH KUMAR KAIT
Junaid – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioners:Salim Malik, Advocate.
For the Respondent:S.V. Raju, ASG, Amit Mahajan, Amit Prasad, Rajat Nair, SPPs, Shantanu Sharma, Dhruv Pande, Sairica Raju, A. Venkatesh, Guntur Pramod Kumar, Shaurya R. Rai, Zeal Shah, Aarushi Singh, Manjit Kaur, Anshuman Singh, Advocates.

JUDGMENT :

The hearing was conducted through video conferencing.

1. The above-captioned petitions have been filed by the petitioners under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of bail in case FIR No.84/2020, for the offences punishable under Sections 147/148/149/153-A/302/395/397/452/454/505/506/120-B IPC, registered at PS Dayal Pur, North East District, Delhi.

2. The above-captioned petitions have been filed of the same incident and FIR and the evidence on record are the same against all the accused/petitioners, therefore, these petitions being decided by this common order. However, since facts are also same of all the petitioners, therefore, facts narrated in Bail Appln.3163/2020 filed by accused Junaid are being discussed while passing order in these petitions.

3. Case of the prosecution is that in the North East area of Delhi at different places, incidents of stone pelting and rioting were reported. On 24.02.2020, at around 3:00 PM, Hindu mob which was pro CAA also entered the arena and they too started pelting stones etc. at the Muslim community, forcing them to retreat. Muslim rioters were concentrated towards the Muslim dominated Chandbagh area, while the

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