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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Raj Singh & Ors. - Appellants
Versus
State NCT Of Delhi & Ors. - Respondents
Bail Application No. 1932 of 2021 and Bail Application No. 1948 of 2021
Decided On : 23-08-2021
BAIL APPLICATION - Offences under Sections 147/148/149/380/452/436/427 IPC - Summary of Acts and Sections: The court discussed the provisions of Section 439 Cr.P.C for grant of regular bail, the evidence based on video footage, mobile CDR, and disclosure statements of co-accused. The court also considered the principles of bail jurisprudence and the Supreme Court's parameters for granting or refusing bail.
Fact of the Case:
The petitioner filed bail applications under Section 439 Cr.P.C for grant of regular bail in two FIRs related to the violence in Delhi in February 2020. The petitioner was accused of various offences including rioting, house trespass, and theft.
Finding of the Court:
The court considered the arguments of the petitioner and the state, analyzed the evidence, and observed that the petitioner cannot be made to languish behind bars for a longer period of time. The court granted bail to the petitioner with specific conditions.
Issues: The main issues were the sufficiency of evidence, the likelihood of the petitioner fleeing from justice, and the severity of the offences.
Ratio Decidendi: The court balanced the personal liberty of the petitioner with the need to ensure public order, considered the nature of the offences, and applied the parameters for granting bail as laid down by the Supreme Court.
Final Decision: The court granted bail to the petitioner in both FIRs with specific conditions and made it clear that the observations made in the order are only for the purpose of grant of bail and cannot be taken into consideration during the trial.
JUDGMENT
Subramonium Prasad, J. - BAIL APPLN. 1932/2021 has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.75/2020 dated 02.03.2020 registered at Police Station Shastri Park for offences punishable under Sections 147/148/149/380/452/436/427 IPC.
2. BAIL APPLN. 1948/2021 has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.74/2020 dated 02.03.2020 registered at Police Station Shastri Park for offences punishable under Sections 147/148/149/323/380/452/395/436/427 IPC.
3. The aforementioned FIRs relate to the violence that took place in the National Capital Territory of Delhi in the month of February, 2020. The Complainant in FIR No. 74/2020 had recorded her grievance that on 25.02.2020 at 8:00 PM, a group of people started raising slogans and set the house of the Complainant on fire. It is stated that the Complainant left her house and ran away with her five children. It is stated that the complainant could not see the face of anyone in the group.
4. It is stated in the application that the investigation in FIR No. 74/2020 is complete. The charge-sheet has been filed on 01.09.2020. Supplementary charge-sheet has been filed on 04.01.2021. It is stated that the Petitioner herein was formally added as an accused in the supplementary charge-sheet. On the basis of the investigation conducted in FIR No. 74/2020, it is stated in the charge-sheet that there is sufficient material to proceed against the Petitioner herein under Sections 147/148/149/323/380/427/436/452/395 IPC.
5. In FIR No. 75/2020, the Complainant has stated that on 25.02.2020, at around 7:45 PM, 20-25 people holding sticks, rods, bricks and stones in their hands broke his door and forcefully entered his house. It is stated that when the complainant objected to the forced entry by the accused persons in his house, he was beaten by the mob and was dragged outside his house. It is stated that the complainant fell down and injured his head. It is stated that the wife and children of the complainant were also forced to leave the house. It is stated that the mob spilled oil, put the clothes of the Complainant on the bed and lit it on fire. It is stated that the mob also threw some burning clothes into other rooms. It is stated that the wife and children of the Complainant put out the fire after the mob left. It is stated the Complainant and his family left for Kacchi Khajuri on 26.02.2020. It is stated that when the wife of the complainant returned on 01.03.2020 she saw that the cupboard had been opened and the items kept in the cupboard were missing.
6. It is stated that the investigation in FIR No. 75/2020 is complete, and that the prosecution filed the charge-sheet on 12.07.2020, followed by a supplementary charge-sheet on 05.01.2021. It is stated that the Petitioner herein was formally added as an accused in the supplementary charge-sheet. On the basis of the investigation conducted in FIR No. 75/2020, it was stated in the charge-sheet that there is sufficient material to proceed against the accused i.e. the Petitioner herein under Sections 147/148/149/323/380/427/436/452/395 IPC.
7. A perusal of the charge-sheet reveals that a video footage was seized from one Abdul Nadir who had made a video on his mobile phone of the rioters holding lathis and dandas in their hands. It is further revealed that during the investigation, it was found that cameras were installed at the house of one Mohd. Safi, and the investigating agency called for the DVR of this CCTV system.
8. The Petitioner was identified in the aforementioned videos with a danda in his hand by one Mohammad Hasan, who had visited the Police Station with his wife in order to get an update in his case. The Petitioner had also been identified on 05.09.2020 by one Naushad. It is stated that the video had been recorded at 12:00 PM on the day of incident, i.e. 25.02.2020, however, the incident had took place at 07:45 PM.
9. It has been stated in t
The main legal point established in the judgment is the intricate balance between securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbanc....
The judgment emphasizes the need for a balanced approach to uphold personal liberty while ensuring proper enforcement of criminal law, and the court's discretion in granting bail based on a careful c....
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
Bail is the rule and jail is the exception, and Courts must uphold the tenets of personal liberty, subject to rightful regulation by validly enacted legislation.
The court balanced the principles of personal liberty and the need for proper enforcement of criminal law in granting bail to the Petitioner.
Bail is the rule and jail is the exception, and the court must balance personal liberty with the enforcement of criminal law.
The court emphasized the need to balance personal liberty with the enforcement of criminal law and the duty to ensure that the law does not become a tool for targeted harassment.
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