BAIL APPLN. 2488/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 18^th JANUARY, 2022

IN THE MATTER OF:

+

BAIL APPLN. 2488/2021

PARVEZ

..... Petitioner

Through

Mr. Pankaj Kumar, Advocate.

versus

STATE

..... Respondent

Through

Mr. Amit Mahajan, SPP with Mr.

Rajat Nair, SPP with Mr. Dhruv

Pande and Mr. Shantnu Sharma,

Advoctes with SI Surender Kumar,

PS Crime Branch.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

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

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000214

BAIL APPLN. 2488/2021

Page 2 of 18

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. Pankaj Kumar, learned Counsel for the Petitioner, has submitted

that the Petitioner has been falsely implicated in the instant case. He has

argued that there are 22 FIRs against the Petitioner and he is out on bail in

12 cases out of the 22, which indicates that the police have no clinching

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000214

BAIL APPLN. 2488/2021

Page 3 of 18

evidence against the Petitioner to connect him with the cases. He has further

submitted that the Petitioner has neither been named in the FIR nor has any

specific role been assigned to him.

7.

Mr. Kumar has emphasized that the Petitioner has not been seen in

any video footage, unlike the other co-accused in the matter. He has

submitted that co-accused Rashid @ Monu has been enlarged on bail by this

Court vide Order dated 22.02.2021 on the same ground that there was no

electronic evidence against the Petitioner therein and, therefore, the

Petitioner herein deserves to be granted bail on the ground of parity.

8.

It has been submitted by Mr. Kumar, learned Counsel for t