BAIL APPLN.4104/2020 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: February 10, 2021

Pronounced on: February 22, 2021

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BAIL APPLN. 4104/2020

RASHID @ MONU

..... Petitioner

Through

Ms. Tara Narula and Ms. Nikita

Agarwal, Advs.

versus

STATE (NCT OF DELHI)

…….Respondent

Through:

Mr. S.V. Raju, ASG with Mr. Amit

Mahajan, SPP, Mr. Amit Prasad, SPP,

Mr. Rajat Nair, SPP, Mr. Shantanu

Sharma, Mr. Dhruv Pande, Ms.

Sairica Raju, Mr. A. Venkatesh, Mr.

Guntur Pramod Kumar, Mr. Shaurya

R. Rai, Ms. Zeal Shah, Ms. Aarushi

Singh and Mr. Anshuman Singh,

Advs.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T

The hearing of the case was conducted through video conferencing.

1.

The present petition has been filed by the petitioner under Section 439

Cr.P.C. for grant of bail in case FIR No.39/2020, for the offences punishable

under Sections 147/148/149/302/201/436/427/120-B/34 IPC, registered at

PS Gokul Puri, Delhi.

BAIL APPLN.4104/2020 Page 2 of 9

2.

Case of the prosecution is that on 26.02.2020 at 01.04 PM, a PCR call

vide DD No.17A regarding stone pelting near Kabir Builder, Gall No. 11,

Bhagirathi Vihar, Delhi was received at PS GokulPuri. On spot, it was found

that mob had burnt a building of Anil Sweet situated at A-29, Chaman Park,

Main Brijpuri Road, Delhi. The building was in burnt condition and on the

2^nd floor, one body without hands and legs was found lying in burnt

condition. The deceased was identified as Dilbar Singh Negi S/o Gopal

Singh R/o Village- Shekhda, Chaki Sen, Pauri Garwal, Uttrakhand, who

used to work as a waiter in Anil Sweet Corner. Accordingly, the present FIR

was registered. The investigation of case was transferred to Crime Branch

SIT.

3.

During investigation, it has been found that Anil Pal is owner of

building No.A-29, Ghaman Park and his another shop has also been torched

by the rioters. On 24.02.2020, a riot had taken place on main road in front of

A-29, Ghaman Park, Main Brijpuri Road where the mob pelted stones,

chanted anti-Hindu slogans, ransacked and torched many shops. On the

basis of statements of eye-witnesses, Section 153A IPC was also

incorporated in case. During investigation, CCTV footages of nearby

Rajdhani Public School and several mobile phone footages have been found.

BAIL APPLN.4104/2020 Page 3 of 9

During the analysis of CCTV footage, it was found that there was huge

gathering at Main Brijpuri Road and rooftops of building and people in mob

were promoting enmity & disharmony by rioting, stone pelting and

instigating others. Some persons in mob also killed the deceased Dilber

Singh Negi and burnt him along with the whole building. Petrol bottles and

bag of kanche have also been seized from the roof of the building.

Statements of the other eye-witness also recorded and on the basis of

statements of the eye-witness, CCTV footage and mobile locations, total 12

accused have been arrested in the present case. Petitioner herein was

arrested on the basis of statement of eye-witness Himanshu and on the basis

of location of the mobile No.9564796812 which was carried by the

petitioner.

4.

Case of the petitioner is that on the afternoon of 24.02.2020, large

scale violence unfolded in Shiv Vihar Tiraha, Karawal Nagar, resulting in

large scale destruction and loss of life and property. Accordingly, several

FIRs were filed regarding the damage incurred and the first among them was

the present FIR No.39/2020 in which the petitioner was arraigned and

thereafter, he was arrested. The present FIR was registered at Gokulpuri

Police Station subsequent to the retrieval of