Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2242

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Liyakat Ali & Ors. - Appellants
Versus
State NCT Of Delhi - Respondent
BAIL APPLN. 3039/2020, BAIL APPLN. 3040/2020, BAIL APPLN. 3623/2020 and BAIL APPLN. 120/2021
Decided On : 16-03-2021

Advocates appeared:
Mr.Dinesh Kumar Tiwari, Advocate, for the Appellant; Mr.S.V. Raju, ASG with Mr. Amit Mahajan & Mr. Rajat Nair Special Public Prosecutor for State with Mr. Dhruv Pande, Ms. Sairica Raju, Mr. A Venkatesh, Mr.Guntur Pramod Kumar, Mr. Shaurya R Rai, Ms. Zeal Shah, Ms. Aarushi Singh & Mr. Anshuman Singh, Advocates, for the Respondent

The main legal point established in the judgment is the importance of direct evidence, credibility of witnesses, and the filing of the charge sheet in determining the grant of bail.

Headnote:
RIOTS - North-East Delhi riots - IPC 109/114/147/148/149/153A/323/392/395/427/436/454/505/120B/34, Arms Act 25/27, Prevention to Damage to Public Property Act, 1984 3 & 4 - The court discussed the foundation of the FIR, the role attributed to each petitioner, the arguments of both sides, and the lack of evidence connecting the petitioners to the incident. The court emphasized the absence of direct evidence, discrepancies in witness statements, and the filing of the charge sheet, and granted bail to the petitioners.
Fact of the Case:

The petitioners are accused in a case related to the North-East Delhi riots in February 2020. The FIR was registered for various offenses under IPC, Arms Act, and Prevention to Damage to Public Property Act, 1984. The petitions were heard together due to a common FIR. The foundation of the FIR was an incident of riots on 24.02.2020, and the charge sheet had been filed.
Finding of the Court:

The court found that the petitioners cannot be made to languish behind bars for a longer time and the veracity of allegations leveled against them can be tested during trial. Therefore, the court directed the petitioners to be released on bail, emphasizing that any observation made shall not influence the trial court on the merits of the prosecution case.
Issues: The issues revolved around the involvement of the petitioners in the alleged incident, the credibility of witnesses, and the absence of direct evidence connecting the petitioners to the incident.
Ratio Decidendi: The court emphasized the lack of direct evidence, discrepancies in witness statements, and the filing of the charge sheet as reasons to grant bail to the petitioners.
Final Decision: The court allowed the petitions and directed the petitioners to be released on bail, with specific conditions, and clarified that any observation made shall not influence the trial court on the merits of the prosecution case.

JUDGMENT

Suresh Kumar Kait, J. - The petitioners in the above captioned four petitions are accused in FIR No. 116/2020, registered at police station Khajuri Khas, Delhi. The FIR in question has been registered for the offences under Sections 109/114/147/148/149/153A/323/392/395/ 427/436/454/505/120B/34 IPC. However, besides the aforesaid offences, petitioner- Liyakat Ali in above captioned first petition [Bail Appln. 3039/2020]; petitioner- Arshad Qayyum @ Monu in the above captioned second petition [Bail Appln. 3040/2020] and petitioner- Gulfam @ VIP in the above captioned third petition [Bail Appln. 3623/2020] have been booked for the offences under Sections 25/27 of Arms Act and petitioner - Irshad Ahmad in the above captioned fourth petition [Bail Appln. 120/2021] has been booked for offences under Sections 3 & 4 of Prevention to Damage to Public Property Act, 1984. Petitioners in first three petitions, namely, Liyakat Ali, Arshad Qayyum @ Monu and Gulfam @ VIP were arrested on 23.03.2020, whereas Irshad Ahmad (petitioner in fourth petition) was arrested on 18.03.2020 in this case.

2. These petitions pertain to North-East Delhi riots, which took place in the last week of February, 2020 and spread over the entire North-East District of Delhi.

3. The fulcrum of these petitions is a common FIR and therefore, with the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common judgment.

4. The foundation of the FIR in question rests upon the incident of riots which occurred on 24.02.2020 at about 02:15 p.m. in the area of Chand Bagh Pulia, E Block, Khajuri Khas, Delhi. The FIR was registered at the instance of complainant- Tejveer Singh @ Tejpal Singh. In the complaint, he has alleged that marriage of his brother's daughter was fixed for 25.02.2020 and on 24.02.2020, food was being prepared on the first floor of Bharat Vatika, Main Karawal Nagar, Khajuri Khas, Delhi. On the said day i.e. 24.02.2020, a large mob was present on the roof of Tahir Hussain, Councilor, and around the area and they were pelting stones and petrol bombs on the passer bys. A few of them, broke open the shutter of the parking lot of Bharat Vatika and robbed the inmates. The mob burnt one of the parked vehicle and broke the motor cycle of complainant. Thereafter, the mob reached on the first floor of Bharat Vatika, where food was being prepared for the marriage ceremony and destroyed the food and robbed of Rs.62,000/- from Rajvir Yadav who was taking care of the food preparation. The complainant further alleged that he can identify the accused persons along with Tahir Hussain and prayed for legal action against them. On the complaint of the complainant, the FIR in question was registered on 27.02.2020.

5. After completion of investigation, charge sheet has been filed and name of petitioner- Liyakat Ali is appearing at Serial No.7, Arshad Qayyum @ Monu at serial No. 2; Gulfam @ VIP at serial No. 3 and Irs had Ahmad at serial No. 4. However, in the charge sheet filed all the petitioners have been booked for the offences under Sections under Sections 109/114/147/148/149/ 153A/323/392/395/ 427/436/ 454/505/120B/34 IPC and Sections 25/27 of Arms Act.

6. The role attributed to petitioner- Liyakat Ali is that he was found promoting enmity and disharmony by rioting, burning the vehicles, destroying the food preparation at Bharat Vatika, stone pelting and instigating the mobs. Eye witness Pradeep Verma, Surender Singh and Rajbir Singh Yadav in their statement recorded under Section 161 Cr.P.C. have identified him being involved in riots and instigating the mobs in riots. Constable Sangram Singh has also identified him being present on the terrace of Tahir Hussain along with his associates and instigating the mob of rioters to pelt stones on the persons of other community. As per his call detail record, he is found to be present at the place of the occurrence on the said day. petitioner-Liyakat Ali was ini

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