The Court held that the petitioner was entitled to bail in each of the 5 FIRs. The Court considered factors such as the bailable nature of the offenses, the period of incarceration exceeding the maximum periods of sentence prescribed, all other co-accused having been given bail, charges not being framed in three of the FIRs even after 3 years, and the petitioner's attempts to call the police during the riots.

JUDGMENT

Anish Dayal, J.

1. This judgment will dispose of 5 bail applications filed by the petitioner seeking regular bail in FIR No.80/2020 (Bail Appl.2752/2021), FIR No.91/2020 (Bail Appl.2440/2021), FIR No.92/2020 (Bail Appl.2437/2021), FIR No.117/2020 (Bail Appl.3551/2020) & FIR No.120/2020 (Bail Appl.2807/2021), all registered at P.S. Dayalpur. These bail petitions were argued collectively by the parties since they adverted to similar facts and circumstances. These FIRs have been filed under various provisions of the Indian Penal Code inter alia including sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 153A (promoting enmity), 307 (attempt to murder), 427 (mischief causing damage), 436 (mischief by fire/explosive with intent to destroy house, etc.), 505 (statements conducing public mischief) IPC.

2. For convenience of reference, the essential details relating to each of these FIRs are produced herein below in a tabulated form:

Background Facts

3. These FIRs arose out of rioting incidents which occurred on 24th and 25th February, 2020 in parts of Delhi during alleged protests against the Citizenship Amendment Act, 2019. Two of these complaints were filed by different complainants relating to certain alleged incidents which took place during those riots, and three of the complaints were based on GD entries by police officials.

3.1. As regards FIR No.80/2020 (referred to as "FIR No.1" for convenient reference), it was registered by ASI Hari Lal on the basis of information received on PCR Call vide DD No.45A on 25th February, 2020, from one Irshad Ali. As per the information, it was reported that about 100 persons were standing with petrol bombs on the terrace of the petitioner's house in Gali No.5, Chand Bagh Pulia, Nigam Parishad and were throwing these at other houses. It was noted that there were a number of people gathered in that area raising slogans, pelting stones on the police, sound of firing bullets was coming from the road and the mob was not dispersing despite efforts of the police. There was panic and violence including arson and damage of property. Accordingly, the said FIR was registered. As per the status report, the incidents occurred on 25th February, 2020 between 2:00 to 4:00 p.m. at Chand Bagh Pulia. Till 28th February, 2020, no complainant came forward to lodge any complaint with respect to riots that