Delhi High Court
Azad vs State (Govt Of Nct Of Delhi) on 4 November, 2015
#23
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 04.11.2015
BAIL APPLN. 2405/2015
AZAD ..... Petitioner
Through: Mr. Anurag Jain, Advocate
versus
STATE (GOVT OF NCT OF DELHI) ..... Respondent
Through: Ms. Radhika Kolluru, APP with SI
Manohar Lal, PS- Rajouri Garden,
Delhi
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.16206/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
BAIL APPLN. 2405/2015
1. The present is an application under section 439 of the Code of
Criminal Procedure, 1973 (Cr.P.C.) praying for regular bail in FIR
No.1402/2015, under sections 147/148/149/186/353/332/307/435/427 IPC
read with section 3 of Prevention of Damage to Public Property Act, 1984,
registered at Police Station- Rajouri Garden, Delhi.
2. The applicant has been in judicial custody since the night intervening
21.09.2015 and 22.09.2015.
3. Mr. Anurag Jain, learned counsel appearing on behalf of the applicant
states that although the applicant has been named in the subject FIR, he has
been falsely implicated. Mr. Jain would then urge that on 21.09.2015, the
date when the alleged incident occurred, he was attending to his ailing
mother at Khetarpal Hospital, Main Najafgarh Road, Delhi all day long. In
this behalf, Mr. Jain learned counsel appearing on behalf of the applicant has
invited my attention to the CCTV grabs annexed to the present application
and marked as Annexure - 'B' at page 45, which according to him clearly
establish the applicant's presence at the Khetarpal Hospital.
4. The case of the prosecution is that the applicant was part of a mob
which committed the subject offences within the jurisdiction of Police
Station- Rajouri Garden, Delhi between 21.30 hours on 21.09.2015 and
00.15 hours on the following day. Ms. Radhika Kolluru, learned APP would
urge that the applicant was apprehended at the spot at 11.30 p.m. on the same
night.
5. In the present case, it is observed that on 21.09.2015 at about 04.30
p.m., the dead bodies of three victims of a triple murder were handed over to
their relatives after conducting post mortem by the DDU Hospital, Hari
Nagar, Delhi. It is noticed that the bodies of the said three victims were
taken in a Janaja Namaz by their relatives to a Mosque within the
jurisdiction of Police Station- Rajouri Garden, Delhi. The residents of the
area were stated to be infuriated at the inaction of the official respondents. It
is alleged that an agitated mob of 1500 people started shouting slogans
against the police and indulged in large scale arson and stone pelting.
However, none of the police personnel present at the site was seriously
injured. It is also an admitted position that the CCTV footage for 21.09.2015
establishes the presence of the applicant at the Khetarpal Hospital till late in
the evening on the day of the incident.
6. The applicant has been in judicial custody since 22.09.2015. Charge
sheet has not yet been filed by the police in the subject FIR and is stated to
be under consideration.
7. In view of the aforesaid, in my view, the applicant is entitled to be
released on regular bail.
8. Ordered accordingly.
9. The applicant shall be released on bail on his furnishing a personal
bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount to the satisfaction of the trial court subject to the
conditions that:-
(i) The applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him/her to disclose such facts to the Court or to any
other authority;
(ii) The applicant shall not try and influence witnesses or
tamper with the evidence.
(iii) The applicant shall appear before the trial court on all
the dates fixed for hearing by that Court.
10. With the above directions, the present application is allowed and
disposed of accordingly.
11. Dasti.
SIDDHARTH MRIDUL, J
NOVEMBER 04, 2015
dn
