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2022 Supreme(Del) 1487

SUBRAMONIUM PRASAD
Mohd. Shoaib @ Chutwa – Appellant
Versus
State – Respondent


Advocates appeared:
Salim Malik, Advocate, Abdul Kadir, Advocate, Shavana, Advocate, Sharukh, Advocate, Shamsad Khan, Advocate, Bhim Kishore, Advocate, Amit Mahajan, Advocate, Rajat Nair, Advocate, Dhruv Pande, Advocate, Shantnu Sharma, Advocate

JUDGMENT

Subramonium Prasad, J. - The Petitioner seeks bail in FIR No.39/2020 dated 28.02.2020 registered at P.S. Gokul Puri for offences under Sections 147/148/149/302/436/427 of the Indian Penal Code, 1860 (hereinafter, 'IPC').

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, and in relation to this, the Complainant (aSI Gajraj Singh) received a PCR call vide DD No. 17a on 26.02.2020 that some rioters were pelting stones on Street No.1, near Kabir Builder, Bhagirathi Vihar. as per the FIR, the Complainant rushed to Bhagirathi Vihar where he was informed by a Beat Constable who in turn was informed by some people that the house of owner of anil Sweets, which was located in Chaman Park, Main Brijpuri Road, had been set ablaze by rioters.

4. The FIR states that when the Complainant and the Beat Constable reached the said house, they found the door to be broken and house to be completely burnt. On inspecting the second floor, the Complainant notic

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