Delhi High Court
[email protected] vs State (Nct Of Delhi) on 22 February, 2021
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: February 10, 2021
Pronounced on: February 22, 2021
+ 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
JUDGMENT
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.
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
2nd 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.
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 the charred body of a young
worker Dilbar Negi by the police on the second floor of Anil Sweet Shop.
Pertinently, several other FIRs were also registered regarding different
damages incurred, including the FIR No.134/2020 which was registered at
Police Station Dayalpur on 05.03.2020 for the alleged vandalism, robbery
and arson in DRP Convent School in Shiv Vihar Tiraha, Karawal Nagar in
which the petitioner has been additionally been arraigned.
5. Learned counsel for the petitioner submitted that in the present FIR,
the provisions of Sections 144/147/148/149/188/153-A/302/201/427/436/
120-B/34 IPC were invoked and the investigating agency completed
investigation and filed a charge-sheet and a supplementary charge-sheet
thereafter. The charge-sheet has been committed before the Court of Ld.
ASJ Court on 15.01.2021 and the matter was listed for charges on
17.02.2021. Crucially, the prosecution has a flimsy case against the
petitioner which is; (i) a statement of Himanshu, a student of 12th standard
who claims to have seen the petitioner participating in sloganeering and
stone pelting; and (ii) the CDR location which claims to establish the
presence of the petitioner at the scene of the incident.
6. It is submitted that pertinently, the prosecution has admitted the
factum that the CDR location of the petitioner does not establish his
presence at the incident site in bail application bearing No.214/2021 which
was filed by the petitioner seeking bail in FIR No.134/2020 before Ld. ASJ.
This admission by the prosecution cements the submission of the petitioner
that his CDR location is only in the vicinity of the incident site for he resides
in Shakti Vihar which is close to the incident site, and the petitioner is an
auto-rickshaw puller. Further, the Ld. ASJ, while allowing the bail
application bearing No.214/2021 took note of the unreliability of the
testimony of Roop Singh, who is in fact, a key eye-witness in the instant
case FIR No.39/2020.
7. Further submitted that the FIR No.134/2020 was registered at P.S.
Dayalpur on 05.03.2020 for alleged vandalism of DRP Convent School by
rioters on the same day and is a part of the continuum of the incident therein.
In fact, the Google map distance between DRP Convent School and Anil
Sweet Shop shows them only 50 metres apart. A copy of the Google map
showing the location of DRP Convent School and Anil Sweet Shop has been
annexed hereto and marked as Annexure A-11.
8. Also submitted that the petitioner herein was arrested in FIR
No.134/2020 on 01.04.2020 from jail only after being identified by Mr.
Roop Singh, when he was shown a picture of those arraigned in FIR
No.39/2020. It is relevant that Mr. Roop Singh never claimed to have seen,
named or identified the petitioner herein until 31.03.2020, i.e., when he was
shown the photograph of the petitioner and asked to identify him. Moreover,
credibility of witness Roop Singh has been doubted by the Ld. ASJ
mentioned above. Thus, the petitioner deserves bail.
9. On the other hand, Mr. S.V. Raju, Ld. ASG appearing on behalf of the
State submitted that during the course of investigation, statements of the
eye-witnesses, who were living in the vicinity of the incident and were got
effected by the riots were recorded. On 11.03.2020, one eye-witness,
namely, Himanshu, whose house was looted and torched by the riotous mob
named, identified and stated u/s 161 Cr.P.C that petitioner was actively
involved in the riot which took place on 24.02.2020 which caused the death
of Dilber Negi.
10. It is further submitted that as per CDR, Mobile location of the phone
of the petitioner (9564796812) was found in the area. TIP was not conducted
as the eye-witness identifies the petitioner. Himanshu was present at the
time of arrest of the petitioner.
11. Mr. Raju, learned ASG submitted that the present case has emerged
from deep rooted conspiracy, which was hatched under the garb of
democratically opposing the Citizenship Amendment Bill. On 24.02.2020,
riots were organized at large scale in North East Delhi. At the vicinity of the
scene of crime, several similar incidents took place. In these riots many
police personnel got severe injuries. One H.C. Ratan Lal was murdered,
DCP Shahdara District, Mr. Amit Sharma & ACP Gokulpuri also sustained
serious injuries in the riots. Thus, keeping in view the serious allegations
against the petitioner, the present petition deserves to be dismissed.
12. Heard learned counsel for the parties and perused the material on
record.
13. It is not in dispute that the prosecution has admitted the factum that
CDR location of the petitioner does not establish his presence at the incident
site in bail application No.214/2021 filed by the petitioner in FIR
No.134/2020 before Ld. ASJ. This admission supports the case of petitioner
that his CDR locations are only in the vicinity of the incident site for he
resides in Shakti Vihar which is close to the incident site and his possibility
is there being an Auto Rickshaw Puller. Further, while allowing the bail
application No.214/2021, the Ld. ASJ took note of unreliability of the
testimony of Roop Singh a key witness in the present FIR No.39/2020. In
addition, incident took place on 24.02.2020 and statement of Himanshu u/s
161 Cr.P.C. was recorded on 11.03.2020 which heavily relied upon.
14. Moreover, IO himself, while seeking judicial remand against the
petitioner on 12.03.2020, admitted that only evidence they have against the
petitioner is under Sections 147/148/149/153-A IPC. Even in supplementary
charge-sheet, nothing more has been said against the petitioner.
15. The petitioner being Auto Rickshaw Puller is not a flight risk and no
opportunity to temper with the evidence.
16. The charge-sheet has been filed and case is committed before Ld. ASJ
on 15.01.2021 and now listed for arguments on charge. Thus, trial of the
present case will take substantial time.
17. Undisputedly, the petitioner was arrested in FIR No.134/2020 on
05.03.2020 of PS Dayal Pur. Thereafter, being identified by Roop Singh,
petitioner was arrested in the present FIR No.39/2020, registered at PS
Gokul Puri, Delhi from jail on 01.04.2020.
18. In view of the aforesaid facts, however, without commenting on the
merits of the prosecution case, I am of the view, the petitioner deserves bail.
19. Accordingly, he shall be released on bail on his furnishing a personal
bond in the sum of Rs.15,000/- with one surety in the like amount to the
satisfaction of the Trial Court.
20. The petitioner shall not influence the prosecution witnesses during
trial.
21. The petition is, accordingly, allowed and disposed of.
22. Copy of this order be transmitted to the Jail Superintendent concerned
and Trial Court for necessary compliance.
23. It is made clear that the Trial Court shall not get influenced by the
observations made by this Court while passing the order.
24. The judgment be uploaded on the website of this Court forthwith.
(SURESH KUMAR KAIT)
JUDGE
FEBRUARY 22, 2021/rk
