Bail is a rule and jail is an exception; courts must consider various factors including the gravity of the offence, rights of the accused, and length of custody while deciding bail applications.

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The applicant/petitioner has approached this Court inter alia seeking grant of regular bail under Section 439 of the Code of Criminal Procedure, 1973 (“Cr.P.C” hereinafter) [now Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” hereinafter)] in FIR No. 60/2020 dated 26th February, 2020 registered at Police Station – Dayalpur for the offences punishable under Sections 186/353/332/333/323/109/144/147/148/ 149/ 153A/188/336/427/307/302/308/397/412/201/120B/34 of the Indian Penal Code, 1860 (“IPC” hereinafter) read with Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 (“PDPP Act” hereinafter) and Sections 25/27/54/59 of the Arms Act, 1959 (“Arms Act” hereinafter).

2. The brief facts that led to the filing of the present application are as follow:

(a) On 24th February, 2020, a communal riot erupted in North-East Delhi as people were demonstrating a protest against the Citizenship (Amendment) Act, 2019 (“CAA” hereinafter), on the 25-foot service road near Chand Bagh on Wazirabad Road, Delhi.

(b) As stated in the impugned FIR, all the furious protestors proceeded to the Wazirabad Main Road, Delhi with weapons such as baseball sticks, iron rods and stones with a common intention to kill the police personnel on duty. Pursuant to the same, the police officials warned the protestors that a legal action will be taken against them in case of further disobedience, however, in rage and in furtherance of their common intention, all the protestors started pelting stones at the police officials with sticks, baseballs and iron rods.

(c) As a result of the aforesaid attack by the protestors, one police official, namely, i.e., Head Constable (“HC” hereinafter) Ratan Lal fell and sustained grievous injuries on his heads due to heavy stone pelting and subsequently, he succumbed to his injuries.

(d) Pursuant to the aforesaid, the present FIR was lodged against the present petitioner and it has been stated therein that he attacked the police officials by throwing petroleum bombs, which led to the unfortunate demise of the HC Ratan Lal on duty. In view of the same, the petitioner was arrested on 28th September, 2022.

(e) Therefore, the instant petitioner has approached this Court seeking the relief of regular bail.

3. Learned counsel for the petitioner submitted that the present FIR is nothing but a gross abuse of process of law as the petitioner herein has been falsely implicated in the present case as he has not committed any offence as alleged therein.

4. It is submitted that the petitioner was not a part of the abovementioned riot that took place on 24th February, 2020 in view of the fact that he came outside his home only to check upon his brother while the mob was allegedly gathered at the site of occurrence, which is near to his residence.

5. It is also submitted that the CCTV footage reflects that the petitioner was walking alone on the 25-foot service road as the same is at a distance of 50 meters away from his home and the said footage reflects that he was not carrying any weapon along with him.

6. It is further submitted that the petitioner is entitled to be released on bail as 20 out of 28 accused persons have already been granted bail by the Predecessor Bench of this Court as well as by the concerned learned Sessions Court. The details of the said orders granting bail to the aforesaid accused persons have been appended as Annexures E to Q to the instant petition.

7. It is submitted that a resident of the petitioner‟s vicinity, who is the prime witness of the prosecution, namely, Mr. Nazmul Hasan @ Nazam, identified most of the accused persons as mentioned in the instant FIR, however, failed to identify the petitioner herein and therefore, the petitioner has not committed any offence as alleged in the instant FIR.

8. It is submitted that no Test Identification Parade (“TIP” hereinafter) was initiated against the petitioner after his arrest and he was implicated in the instan