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.

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 noticed a semi-burnt body lying in the corner. The FIR further states that the deceased seemed to be about 20 years old, and that both the arms and legs of the body were chopped off. It is stated that the chopped limbs could not be found, and that on inquiry, it was found that the burnt body belonged to a person named Dilbar who was a waiter at the sweet house. The body was then sent to GTB Hospital and then to the GTB Hospital mortuary. The FIR states that it appears that unknown persons belonging to one of the parties opposing and supporting the Caa killed the deceased with a deadly weapon and then set the house ablaze with the intent to destroy the evidence of the crime.

5. It is stated that investigation is now complete and chargesheet has been filed against the Petitioner on 04.06.2020 wherein the Petitioner has been added. The chargesheet states that there is sufficient material to proceed against the Petitioner herein under Sections 144/147/148/149/188/153a/302/201/427/436/120-B/34 of the IPC. a supplementary chargesheet has also been filed on 07.07.2020.

6. Mr. Salman Khurshid, learned Senior Counsel appearing for the Petitioner, has submitted that the Petitioner has been wrongly arraigned in the present FIR in which he has neither been named nor properly identified. He has submitted that the Petitioner is a poor young man who is the sole breadwinner of his family and is a mechanic who repairs tools. He has submitted that there are serious lacunae in the investigation, starting from the statement of witness Shyam Singh being recorded twice on the same day on 28.02.2020.

7. The learned Senior Counsel has submitted that the CDR cannot not be relied upon to discern the participation of the Petitioner in the alleged crime as the Petitioner resides at D-43, Gali No. 27, Vijay Park, Maujpur, and that the Petitioner's elder brother has a shop bearing No.6, Main Brijpuri Road, Delhi - 10094 adjoining the DRP School which is close to the scene of crime (SOC). He has submitted that the Petitioner has been working at his brother's shop for the last 15 years which could be why his location was found to be near the SOC. Mr. Khurshid has raised the issue that the time of death of the victim can be ascertained from the chargesheet which states that the CDR of the deceased indicates that he made the last two calls at 8:18 PM and 9:07 PM on 24.02.2020. He has submitted that the CDR along with the Cell ID of the Petitioner shows that he was not present in Mustafabad after 07:14:01 PM on 24.02.2020, and therefore, it cannot be said that the Petitioner was involved in the death of the deceased.

8. Mr. Khurshid has submitted that the only evidence against the Petitioner is the CCTV footage, the statement under Section 161 Cr.P.C. of amit Pal, and the CDR, and these are