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2021 Supreme(Del) 590

SUBRAMONIUM PRASAD
Mohd Saleem Khan – Appellant
Versus
State of NCT of Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. Salman Khurshid, Sr. Advocate with Mr. Aadil Singh Boparai, Ms. Anshu Kapoor, Mr.Aman Khullar, Ms. Aadya Mishra and Ms.Sommya Chaturvedi, Advocates
For the Respondent:Mr. S. V. Raju, ASG with Mr. Amit Prasad, SPP along with Mr.Anshuman Raghuvanshi and Mr.Ayodhya Prasad, Advocates and DCP Rajesh Deo, Legal and Crime Branch and Insp. Gurmeet Singh, Crime Branch

JUDGMENT :

Subramonium Prasad, J.

1. The Petitioner seeks bail in FIR No.60/2020 dated 25.02.2020 registered at PS Dayalpur for offences under Sections 186/353/332/323/147/148/149/336/427/302 of the Indian Penal Code, 1860 (hereinafter, “IPC”) and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984 (hereinafter, “PDPP Act”).

2. The FIR relates to the violence that took place in the National Capital Territory of Delhi in the month of February 2020.

3. The brief facts leading to the instant Bail Application are that a protest against the Citizenship (Amendment) Act, 2019 (hereinafter, “CAA”) had been taking place for 1.5 months prior to the incident at Khajuri Square to Loni Circle at Wazirabad Road, Chand Bagh near 25 Futa Service Road by the Muslim community.

4. It is stated in the instant FIR that the Complainant, i.e. Constable Sunil Kumar, was on duty with the deceased, HC Ratan Lal, and others, namely Giri Chand, Ct. Mahavir, Ct. Jitender, HC Narender, HC Brijesh, W/HC Savitri, as well as DCP Shahdara District Amit Kumar and his staff.

5. It is stated that on 24.02.2020, at about 01:00 PM the protestors had mobilized near the Chand Bagh area and 25 Futa Road, and we

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