Delhi High Court
Raiees Khan vs State Of Nct Delhi on 6 July, 2020
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Delivered on: 06th July, 2020
+ BAIL APPLN. 922/2020
RAIEES KHAN ..... Petitioner
Through : Mr.Kaushal Yadav and Mr.Ram
Kishore Singh, Advocates
versus
STATE OF NCT DELHI ..... Respondent
Through : Mr.Amit Prasad, SPP for the State.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J. (Through Video Conferencing)
1. This petition is filed under Section 439 of the Criminal Procedure
Code, 1973 (hereinafter referred as the 'Cr P C) for regular bail in FIR
No.84/2020 registered at police station Dayalpur, Delhi for the offences
punishable under Section 147,148,149,153A,505/34 Indian Penal Code,
1860 (hereinafter referred as the 'IPC) to the petitioner/applicant.
2. The learned counsel for the applicant says if one peruse this FIR
dated 01.03.2020 it refers to GD No.1A dated 25.02.2020 at 00.22.29
hours wherein the information recorded is deceased Shahid received a
gunshot injury near Chand Bagh, Peer Baba Mazar, Bhajanpura, Delhi
was brought at GTB Hospital by his brother and was declared dead. He
further refers to the MLC of even date which record the alleged history of
gunshot injury near Chand Bagh, Peer Baba Mazar, Bhajanpura at around
04.00PM on 24.02.2020 as stated by the person accompanying the
Signature Not Verified
Digitally Signed By:KAPIL
SHARMA
Signing Date:07.07.2020 14:16
patient. The patient was declared brought dead in Main Causality of the
Hospital at 08.53PM on 24.02.2020. It is alleged in FIR, the gunshot
injury was stated to be suffered by the deceased near Chand Bagh, Peer
Baba Mazar, Bhajanpura, Delhi on 24.02.2020. The FIR was registered
on 01.03.2020 i.e. after a delay of seven days.
3. It is argued though the FIR show the place of incident near Chand
Bagh, Peer Baba Mazar, Bhajanpura, Delhi, but the status report filed by
the State show the incident had occurred at the roof of a building
belonging to M/s.Saptrishi Ispat and Alloy Private Limited, 10A, Khasra
No.242, Main Wazirabad Road, Delhi and there being a distance of about
900 meters in both the spots.
4. The learned counsel for petitioner then referred to an order dated
12.03.2020 passed by the learned Chief Metropolitan Magistrate, North
East District, Karkardooma Courts, Delhi, it interalia records:-
"SI Vineet submits that accused persons produced today are arrested
for committing offence U/S 147,148,149,153A, 505, 34 IPC. He further
submits that till date no evidence has come against these accused
persons of their involvement for the offence U/s 302,201,436 IPC in the
present case.
5. The order also record on the basis of the disclosure statement of
accused person, including the present applicant, Section 153A/505 IPC
are added, though not mentioned in the FIR.
6. Further, it was argued bail application was moved by the applicant
before the learned Session's Court wherein a reply was filed by the
Investigating Officer stating inter alia on 11.03.2020 acting on a secret
information, accused Raiees Khan along with two other person were
apprehended and have confessed of shouting religious slogans and they
Signature Not Verified
Digitally Signed By:KAPIL
SHARMA
Signing Date:07.07.2020 14:16
got on top of roof of Saptrishi Building as the back gate / shutter was
broken open by them and they hurled stones at other group. It was
alleged accused Raiees Khan is having his Printing Press in adjoining
building where he had kept stones in bags. He went to his printing press
and opened water in the street and after wetting jute bags with water,
threw it towards the crowd. The accused was arrested on the basis of his
disclosure statement. It is alleged now in the status report filed in this
Court, the Investigating Officer had alleged the witnesses have stated
Raiees Khan took active part in the riot and he was identified to be a
person present at the roof top of the said building.
7. It is further argued the statements of public witnesses Mukesh and
Arvind Kumar, though recorded on 08.03.2020, never stated about his
presence at the roof top of said Building or that anybody allegedly having
received gunshot injury at rooftop, but their statements were again
recorded on 12.03.2020 wherein they alleged they had seen applicant,
who was than sitting in the police station and had duly identified him as
an active member of the group which went to the roof top of Saptrishi
Building, who fired and pelted stones from the roof at police and public
by breaking the boundary wall of roof by use of kicks and sticks etc.
8. The learned counsel for applicant further submits that in the status
report the role assigned to the applicant is only of hurling stones and
raising slogans and the order of the learned Chief Metropolitan
Magistrate shows that there was no incriminating evidence against the
applicant, except his disclosure statement and hence the supplementary
statements of two public witnesses, recorded on 12.03.2020, only show
Signature Not Verified
Digitally Signed By:KAPIL
SHARMA
Signing Date:07.07.2020 14:16
they have been tutored to allege against this applicant to falsely implicate
him in this case.
9. The learned SPP for the State, on the other hand, submitted the
incident was of rooftop of Saptrishi Building and not of Chand Bagh,
Peer Baba Mazar, Bhajanpura, Delhi as is evident from the footage of
NDTV as also the photographs showing the dead body of Shaheed was
brought down with the help of a ladder from the roof of Saptrishi
Building. It is argued witnesses Mukesh and Arvind were residing in
Saptrishi Building itself, which was taken over by the rioters, including
this applicant and his associates and they went to the roof; they kept on
throwing bricks and other material on the police officials and general
public and some of its members even fired.
10. It is also submitted when the applicant was at the police station he
was advised to keep his face muffled, but he deliberately unmuffled
himself when the witnesses arrived to frustrate the TIP and it was only
for this reason, the TIP was not conducted. It is argued even otherwise
the prime objective of the TIP is to find out if the investigation is moving
in right direction. It is stated besides these two public witnesses, ASI
Rajender Singh and HC Davender have also given statements under
Section 161 Cr.P.C. against the applicant and have identified him.
11. No doubt there was a delay in registration of the FIR, but it was
only because of the circumstances prevalent at that time. On the day of
incident, I am told about 18689 PCR calls were received on a single day;
3450 calls were from the Dayalpur area itself and then it took time to
Signature Not Verified
Digitally Signed By:KAPIL
SHARMA
Signing Date:07.07.2020 14:16
register the FIRs; the last FIR being registered on 28.03.2020. Pandemic
Covid-19 further delayed the investigation.
12. Saptrishi Building is opposite to the place where HC Rattanlal of
the police team was shot at. Immediately thereafter, this incident
happened. Shahid was allegedly one of the rioters and probably, during
firing upon the police party and general public, a gunshot misfired and
probably hit Shahid from short range as the injury is a short range injury,
as verified. Now since delay and non-conducting of TIP being
sufficiently explained, coupled with the fact the identity of the applicant
stood established by at least four witnesses in this matter, it would not be
appropriate for this Court to appreciate the evidence.
13. All these pleas the accused relies upon, can be taken while arguing
on charge, but considering the gravity of offence; the statements
implicating him; I am not inclined to admit the applicant to bail at this
stage.
14. In view of above, the petition stands dismissed.
15. Before parting with this order, it is noted the learned Trial Court
shall not be influenced from any opinion or observation above.
16. Copy of this order be sent electronically to the learned Trial Court
and the petitioner through the Jail Superintendent for information.
YOGESH KHANNA, J.
JULY 07, 2020/M
Signature Not Verified
Digitally Signed By:KAPIL
SHARMA
Signing Date:07.07.2020 14:16
