In cases involving serious offenses, bail cannot be granted solely on the basis of long incarceration, especially when there is sufficient evidence to support the charges against the accused.

BAIL APPLN. 2372/2023

Page 1 of 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Reserved on : 7^thDecember, 2023

Judgment Delivered on: 18^thDecember, 2023

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BAIL APPLN. 2372/2023

MOHD.MUSTAQEEM

..... Petitioner

Through:

Ms.Tara

Narula,

Ms.Bija

Harinig,

Ms.Priya

Sahil

and

Ms.Shivangi

Sharma, Advocates.

versus

STATE (GOVT OF NCT) OF DELHI

..... Respondent

Through:

Mr.Rajat Nair, SPP with Mr.Dhruv

Pande, Advocate for State.

Insp. Sanjay Gupta, Crime Branch.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

1.

By way of the present application, the applicant seeks regular bail in

FIR

No.

75/2020

dated

28^th

February,

2020

under

Sections

302/149/147/148/436/120B/34 of the Indian Penal Code, 1860 (IPC)

registered at Police Station Dayalpur.

2.

The present FIR has emerged out of riots and communal disharmony,

which took place in certain parts of the North-East Delhi in the month of

February, 2020 which resulted in the death of an innocent bystander.

3.

The case set up by the prosecution is as under:-

I.

An information was received at Police Station Dayalpur from GTB

Hospital at 11:15 P.M. on 24^thFebruary, 2020 that one Rahul Solanki

(hereinafter the deceased/victim) had received a gunshot injury at Shiv

Vihar and was declared dead by the concerned doctor.

Digitally Signed By:DINESH

KUMAR

Signing Date:18.12.2023

11:40:13

Signature Not Verified

BAIL APPLN. 2372/2023

Page 2 of 7

II.

On 25^thFebruary, 2020, the post-mortem was conducted and body of

the deceased was handed over to his father, Hari Singh Solanki and the

deceased’s brother, Rohit Solanki. The statements, under Section 161

of the Criminal Procedure Code, 1973 (Cr.P.C.) of Hari Singh Solanki

and Rohit Solanki were recorded on 26^thFebruary, 2020. Thereafter,

the present FIR was registered.

III.

The investigation was initially conducted by the police officials of

Police

Station Dayalpur. Thereafter, on 7^th

March, 2020 the

investigation was handed over to SIT, Crime Branch for further

investigation.

IV.

During the course of the investigation, the place of incident was visited

and local enquiry was made. It revealed that on the date of the incident,

the deceased along with his cousin, Anil Kumar, had gone to purchase

some grocery items in Pal Dairy Wali Gali when they noticed the

presence of a large number of rioters present in the gali with rods,

stones, pistols, etc. In this commotion, the applicant herein fired upon

Rahul Solanki, causing his death.

V.

The statement under Section 161 of the Cr.P.C. of Anil Kumar, an eye-

witness to the death-causing incident, was taken on 8^thMarch, 2020.

VI.

The applicant was not named in the initial FIR. He was arrested based

on the information given by an informer pursuant to a reward by the

investigating agency. The informer identified the applicant on the basis

of the applicant’s photograph. The applicant was arrayed as an accused

vide Supplementary Chargesheet filed on 1^stDecember, 2020.

VII.

Vide order dated 6^thMarch, 2023, charges have been framed against the

applicant under Sections 147/148/153A/380/427/436/450/302 read

Digitally Signed By:DINESH

KUMAR

Signing Date:18.12.2023

11:40:13

Signature Not Verified

BAIL APPLN. 2372/2023

Page 3 of 7

with Sections 149/188 of the IPC and under Sections 25/27 of the Arms

Act, 1959.

4.

The bail applications of the applicant were dismissed by the learned

Sessions Court vide orders dated 30^thJune, 2021 and 11^thMay, 2023.

5.

Counsel appearing on behalf of the applicant has made the following

submissions: -

i.

The applicant was neither named in the original FIR nor chargesheeted

in the main Chargesheet. He was arrayed as an accused only vide a

Supplementary Chargesheet dated 1^stDecember, 2020, filed after a

period of more than 9 months from the date of registration of FIR.

ii.

The applicant was identified by the witness Anil Kumar only based on

the 10-second mobile phone video clip along with screen grabs. It is

submitted that the statements of the said witness dated 8^thMarch, 2020

and 2^ndApril, 202