BAIL APPLN. 4016/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 01^st FEBRUARY, 2022

IN THE MATTER OF:

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BAIL APPLN. 4016/2021

VISHAL SINGH @ PAWAN

..... Petitioner

Through:

Mr. Pankaj Yadav, Advocate

versus

STATE (GOVT NCT)

..... Respondent

Through:

Mr. Amit Prasad, SPP for the State

with Mr. Ayodhya Prasad, Advocate

and SI Santosh Gupta, Crime Branch

Mr. Mehmood Pracha , Advocate

with Mr. Sanawar Choudhary and Mr.

Jatin

Bhatt,

Advocates

for

the

complainant.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

The petitioner seeks bail in FIR No. 70/2020 dated 27.02.2020

registered at PS Bhajanpura for offences under Sections 147, 148, 149, 302,

307, 396, 436, 455, 201, 188, 34 of the Indian Penal Code, 1860

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 on

25.02.2020, at around 11:00 A.M., the complainant had gone to purchase

milk from a nearby shop when he received a call from his son Asif

informing him that a huge crowd of around 100 people had gathered near

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000373

BAIL APPLN. 4016/2021

Page 2 of 13

their house in support of NRC and CAA. The crowd was chanting slogans of

“Jai Shree Ram”. The crowd later entered their house after breaking open

the locks, and set it on fire. It is stated that the complainant’s family

members and employees rushed to the top floor of the house. The

complainant’s family members and workers were safely rescued from the

roof of his residence, which was made possible by the rescue operation

launched by the police in support with the locals of the vicinity.

4.

It is stated that the complainant’s mother, Smt. Akbari, who was 85

years old could not reach the rooftop due to her age. After extinguishing the

fire, her body was found lying on a folding bed and was recovered from the

second floor. She was taken to Guru Teg Bahadur Hospital, where she was

declared brought dead vide MLC No. D-45. A Post Mortem was conducted

at GTB Hospital itself and vide PM Report No. 345/2020 dated 28.02.2020,

the cause of death was opined as Asphyxia as a result of a ante-mortem

inhalation of smoke. It is further stated that the crowd looted Rs. 8,00,000/-

in cash and a box containing gold and silver jewellery and other valuable

articles from their residence

5.

It is stated that the investigation of the said case was transferred from

North East to Special Investigation Team-II, Crime Branch, Delhi and

subsequently to Special Investigation Unit-I, Crime Branch, Delhi vide order

No.

8266-74/AC-III/C&T/PHQ

dated

27.02.2020

and

No.

216/S)/DCP/Crime (SIU & ISC) dated 04.03.2020.

6.

It is stated that the petitioner was arrested on 16.03.2020 and has been

in custody since then. The chargesheet was filed on 07.06.2020 and on

06.04.2021 charges were framed by the Trial Court.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000373

BAIL APPLN. 4016/2021

Page 3 of 13

7.

The petitioner had filed three bail applications before the Court of

Sessions and subsequently vide orders dated 29.04.2020, 20.10.2020 and

02.11.2021 the same were dismissed by the Learned Judge of the Trial

Court.

8.

Mr. Pankaj Yadav, the learned counsel for the petitioner contended

that the accused has been falsely implicated in the present matter and that

there exists no evidence which can prove the connection of the Petitioner to

the incident beyond reasonable doubt. He submitted that the FIR was

registered on 27.02.2020, that is, two days after the incident occurred and

the name of the accused is nowhere mentioned therein. He further submitted

that the accused has no relation with any of the co-accused, the complainant

and his family members and has no reason to cause them any harm.

9.

The learned co