JUDGMENT

1. By way of the present application, the applicant seeks regular bail in FIR No. 75/2020 dated 28th 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 24th February, 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.

II. On 25th February, 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 26th February, 2020. Thereafter, the present FIR was registered.

III. The investigation was initially conducted by the polic