Delhi High Court
Mohd. Jalaluddin vs State (Nct Of Delhi) on 4 November, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of order: 4th November, 2024
+ BAIL APPLN. 3744/2023
MOHD. JALALUDDIN .....Petitioner
Through: Mr. Kartik Venu, Mr. R Jude Rohit
and Ms. Kratika Singhal, Advocates.
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Ashish Dutta, SPP with Mr
Mayank, Advocate, Inst Mr. Gurmeet
Singh.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
CHANDRA DHARI SINGH, J (Oral)
1. The applicant/petitioner has approached this Court inter alia seeking
grant of regular bail under Section 439 of the Code of Criminal Procedure,
1973 (“Cr.P.C” hereinafter) [now Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (“BNSS” hereinafter)] in FIR No. 60/2020 dated
26th February, 2020 registered at Police Station- Dayalpur for offences
punishable under Sections 186/353/332/333/323/109/144/147/148/149/
153A/188/336/427/307/302/308/201/120B/34 of the Indian Penal Code,
1860 (“IPC” hereinafter) read with Sections 3 and 4 of the Prevention of
Damage to Public Property Act, 1984 (“PDPP Act” hereinafter).
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Signature Not Verified
Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
20:10:24
2. The brief facts that led to the filing of the present application are as
follow:
(a) On 24th February, 2020, a communal riot erupted in North-East
Delhi where people were demonstrating a protest against the
Citizenship (Amendment) Act, 2019 (“CAA” hereinafter), on the 25-
foot service road near Chand Bagh on Wazirabad road.
(b) As stated in the impugned FIR, all the furious protestors
proceeded to Wazirabad Main Road, Delhi with weapons such as
baseball sticks, iron rods and stones with a common intention to kill
the police personnel on duty. Pursuant to the same, the police officials
warned the protestors that a legal action will be taken against them in
case of further disobedience, however, in rage and in furtherance of
their common intention, all the protestors started pelting stones at the
police officials with sticks, baseballs and iron rods.
(c) As a result of the aforesaid attack by the protestors, the
concerned police officials, i.e., Head Constable (“HC” hereinafter)
Ratan Lal fell and sustained grievous injuries on his heads due to
heavy stone pelting and subsequently, he succumbed to his injuries.
The petitioner was arrested on 11th March, 2020.
(d) Pursuant to the aforesaid, the present FIR was lodged against
the rioters including the petitioner herein. Subsequently, a chargesheet
dated 8th June, 2020 was filed and the role assigned to the petitioner is
that he was found rioting in the above stated unlawful assembly.
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Signature Not Verified
Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
20:10:24
(e) Thereafter, the petitioner approached the Predecessor Bench of this
Court seeking the relief of regular bail but the same was withdrawn
vide order dated 17th January, 2022 with liberty to approach the
concerned learned Sessions Court upon framing of charges.
(f) Since the matter is pending for framing of charges, the present
petition has been filed seeking regular bail.
3. Learned counsel for the petitioner submitted that the present FIR is
nothing but an abuse of process of law as the petitioner herein has been
falsely implicated in the present case and he has not committed any offence
as alleged therein.
4. It is submitted that the petitioner was not a part of the abovementioned
riot that took place on 24th February, 2020 as before his arrest, the petitioner
was working in the business of property dealing as a property broker having
spent his whole life in the Chand Bagh area.
5. It is further submitted that the petitioner is entitled to be released on
bail on grounds of parity as 21 out of 28 accused persons have already been
granted bail by the Predecessor Bench of this Court as well as by the
concerned Sessions Court.
6. It is submitted that the present FIR has been registered against the
petitioner on the basis of the complaint received from Constable Sunil,
however, the petitioner is not involved in the commission of any serious
offence as alleged therein.
7. It is further submitted that the instant matter is pending since 26th
October, 2020 and the trial is at the stage of arguments on charge. It is
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Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
20:10:24
submitted that due to the aforesaid, the petitioner has suffered pre-trial
incarceration for a period of 3 years and 7 months and in the meanwhile,
seven supplementary chargesheets have been filed.
8. It is submitted that the instant matter will take a significant time to be
completed due to paucity of resources and heavy pendency of cases
pertaining to the North-East Delhi Riots that took place in the year 2020 as
the prosecution has cited more than 270 witnesses across nine chargesheets
against a total of 28 accused persons.
9. Learned counsel appearing on behalf of the petitioner placed reliance
upon the judgments of the Hon’ble Supreme Court in Vivek Kumar v. State
of U.P, (2000) 9 SCC 443; Bal Krishna Pandey v. State of U.P, (2003) 12
SCC 186; Dipak Shubhashchandra Mehta v. CBI, (2012) 4 SCC 134 and
Union of India v. KA Najeeb, (2021) 3 SCC 713, and submitted that the
petitioner cannot be left to be incarcerated in jail indefinitely as continuous
detention of the present petitioner without a speedy trial is detrimental to his
Fundamental Right of life and liberty under Article 21 of the Constitution of
India.
10. It is submitted that the petitioner is liable to be enlarged on bail as the
matter is pending at the stage of framing of charge for a period of 3 years
and there is no progress in trial, therefore, his continued incarceration
constitutes as a change in circumstance.
11. It is also submitted that the petitioner herein has been falsely
implicated as the chargesheet indicates vague allegations against him which
are insufficient to justify his continuous incarceration. Moreover, it is
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Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
20:10:24
submitted that the alleged sighting of the petitioner in the CCTV footage in
one location cannot be used to implicate him as a part of the unlawful
assembly which was occurring at another location.
12. It is further submitted that the petitioner has been misidentified in the
aforesaid footage as there is no mention of how he has been purportedly
identified and by whom he was identified.
13. It is submitted that the petitioner is currently 36 years old and has no
criminal antecedents. It is further submitted that the investigation qua the
petitioner herein stands complete, therefore, no useful purpose will be served
by keeping him in continuous incarceration.
14. It is submitted that the petitioner undertakes to abide by all the terms
and conditions of this Court in case he is released on bail.
15. Therefore, in view of the foregoing submissions, it is prayed that that
the reliefs as prayed for, may be granted.
16. Per Contra, learned SPP appearing on behalf of the respondent-State
submitted that the petitioner herein has been rightly arrested in the instant
matter as he actively participated in the communal riots that took place on
24th February, 2020.
17. It is submitted that the identity of the petitioner was duly established
on the basis of the statements made by HC Sunil, Constable Sunil and
Constable Gyan as their statements indicate the role of the present petitioner
that he was a part of the illegal mob.
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Signature Not Verified
Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
20:10:24
18. It is submitted that the present petition is liable to be dismissed in
view of the fact that the petitioner is responsible for the commission of the
offences as mentioned in the aforesaid FIR.
19. It is submitted that as per the video recorded by one of the public
witnesses namely, Mr. Vishal Choudhary, the petitioner, who was wearing
blue colour kurta and black jacket, is seen pelting stones at the police
personnel. Furthermore, he is also seen leading an unlawful assembly. It is
submitted that the statement of the aforesaid public witness, i.e., Mr. Vishal
Choudhary, also corroborates the same.
20. It is submitted that the illegal acts of the petitioner are anti-national in
nature which have disturbed the peace and harmony of the area and has
challenged the rule of law, therefore, he is not liable to be released on bail.
21. It is further submitted that in case the petitioner is released on bail, he
may threaten the prosecution witnesses and tamper with the material
evidence of the trial. Moreover, it is submitted that the present offences are
grave in nature and thus, the severity and gravity of the offences should not
be overlooked in any manner. It is also submitted that the conduct of the
petitioner shows that if the petitioner is released on bail, there is a likelihood
of the petitioner repeating the said offence.
22. Therefore, in view of the foregoing submissions, it is prayed that the
instant petition may be dismissed and the petitioner herein may be denied
the relief of regular bail.
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Signature Not Verified
Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
20:10:24
23. Heard learned counsel for the parties and perused the material
available on record.
24. In view of the foregoing submissions, the point of adjudication before
this Court is whether the petitioner herein is entitled to be released on
regular bail or not.
25. In the instant case, the petitioner has been apprehended since 11th
March, 2020 for being involved in the communal riots which took place on
24th February, 2020 against the promulgation of the CAA.
26. It has been alleged in the FIR that a number of accused/protestors,
who were carrying baseball sticks, iron rods and stones, attacked the police
officials on duty in the area and blocked the Wazirabad road near Chand
Bagh, Delhi. Due to the aforesaid attacks on the police officials which were
caused by throwing petrol bombs and pelting stones, one HC Ratan Lal
sustained fatal injuries, including one gunshot injury and was subsequently
declared dead.
27. Therefore, on the basis of the statement made on behalf of Constable
Sunil, the present FIR was registered against the petitioner under several
offences punishable in the penal code, as well as under PDPP Act as he was
identified in the CCTV footage of the date of the incident.
28. At this stage, it is imperative to state that this Court is well cognizant
of the fact that while dealing with the instant petition under Section 483 of
the BNSS, it needs to bear in mind the larger interest of the State while also
categorically acknowledging the rights of the accused, i.e., the petitioner
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Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
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herein, who has been named in the FIR for the abovementioned offences and
has been languishing in judicial custody since 11th March, 2020.
29. Moreover, it is pertinent to note that while dealing with an application
seeking bail, the Courts must consider the fundamental postulate that “bail
is a rule and jail is an exception”. The aforesaid principle has been
emphasized by the Hon’ble Supreme Court as well as various High Courts
time and again such as in Gurbaksh Singh Sibbiav. State of Punjab, (1980)
2 SCC 565 and P. Chidambaram v. Directorate of Enforcement, (2020) 13
SCC 791.
30. Moreover, the Hon’ble Supreme Court in Sanjay Chandra v. CBI,
(2012) 1 SCC 40, categorically noted that a series of factors need to be
considered while deciding a case for bail and an accused shall not be denied
the said relief merely on the ground of seriousness of accusations which are
against the sentiments of the general public at large as the same needs to be
corroborated with other material factors.
31. Therefore, a variety of factors need to be considered while granting
bail to an accused, such as the stage of the trial, the gravity of offences, the
possibility of tampering or destroying evidence, likelihood of absconding as
well as the nature and conduct of the accused is custody.
32. Adverting to the merits of the instant application, in the present case,
the petitioner has been charged with the offences punishable under Sections
3 and 4 of the PDPP Act for causing damage to public property by use of fire
and explosive substances. Moreover, the petitioner has also been charged
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Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
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under the various offences under the penal code for the unfortunate demise
of the HC Ratan Lal.
33. At this juncture, it is noted that the matter has been fixed for
arguments on charge and is pending since 26 th October, 2020. As a result of
the same, the petitioner herein has undergone pre-trial incarceration for a
period of 3 years and 7 months.
34. It is further observed that despite a long passage of time, the trial has
not even been initiated and more than 270 witnesses have been cited by the
prosecution. Therefore, this Court finds that there is a delay in the initiation
of trial while the petitioner has been languishing in jail since 11th March,
2020.
35. It is needless to say that the determination of his guilt or innocence is
taking a large amount of time to be completed. In view of the same, it is
observed that the petitioner cannot be made to incarcerate in jail for an
indefinite period as doing so will hamper with his Fundamental Right
enshrined under Article 21 of the Constitution of India.
36. It is pertinent to state that the Hon’ble Supreme Court has consistently
reiterated the aforesaid principle in a catena of judgments, including the
cases of Union of India v. KA Najeeb, (2021) 3 SCC 713, and Angela
Harish Sontakke v. State of Maharashtra, (2021) 3 SCC 723, wherein the
Hon’ble Court observed that once it has been established that an accused had
suffered pre-trial incarceration and the timely trial of his case is not possible,
the Courts may bear the same in mind and enlarge such persons on bail as a
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Digitally Signed By:PRAVEEN
KUMAR BABBAR
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gross delay in completion of a trial constitutes as a violation of the right to
speedy justice under Article 21 of the Constitution of India.
37. Therefore, this Court is required to balance the interest of the State
while simultaneously acknowledging the rights of the accused persons.
Thus, this Court categorically finds that the present case is a case of
violation of the under trial rights of the petitioner.
38. At this stage, it is pertinent to mention that this Court, while
determining the grant or refusal of a bail, need not assess the evidence on
record to establish the conviction of the accused, i.e., the petitioner herein,
whereas, for ascertaining the grant of bail, it only needs to decide whether
his continuous custody serves any fruitful purpose.
39. In light of the same, this Court is of the view that the ground taken by
the petitioner qua his non-involvement in any of the offences as mentioned
in the instant FIR, is a matter of trial. Moreover, there is a material delay in
the initiation of the same and a timely disposal of the case pertaining to more
than 270 witnesses across 9 chargesheets is not possible.
40. Furthermore, the jurisprudence for deciding the grant or denial of bail
has been settled in a catena of judgments. It has been settled that if a Court,
after perusing the facts and circumstances of each case, finds a prima facie
case for grant of bail, it may allow an application under Section 483 of the
BNSS and release an accused even in non-bailable offences, subject to
imposition of certain conditions necessary for further adjudication of a
matter.
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Signature Not Verified
Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
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41. It is worthy to note here that the petitioner herein has taken the plea of
parity. It has been argued that out of a total of 28 accused persons, 21 have
already been granted bail by the Predecessor Bench of this Court as well as
by the concerned Sessions Court.
42. Moreover, it is noted that seven supplementary chargesheets have
been filed in the instant matter and the investigation qua the present
petitioner stands complete. It is also noted that the instant matter is at a stage
of arguments on charge consisting of more than 270 witnesses across 9
chargesheets.
43. It is further observed by this Court that the petitioner is a 36 year old
having no criminal antecedents and is behind bars since 11th March, 2020.
Furthermore, the petitioner has suffered pre-trial incarceration for a period
spanning of about 3 years and 7 months. It is also observed that 21 out of 28
accused persons pertaining to the same case have already been enlarged on
bail, including several proclaimed offenders.
44. Furthermore, this Court is of the considered opinion that it is the duty
of the judicial pillars of this Country that an accused is not unnecessarily
deprived of his personal liberty as enshrined under Article 21 of the
Constitution of India. Undoubtedly, bail is a rule and jail is an exception,
therefore, it is imperative to state that if a Court finds sufficient grounds to
enlarge an accused on bail, it must exercise its powers discretionarily and
uphold the principles of justice for an accused languishing in jail while
ensuring the proper enforcement of procedural law as envisaged in the
provisions of the BNSS.
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Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
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45. Keeping in view of the above facts and circumstances as well as the
stage of trial in the instant case, this Court finds that the petitioner cannot be
made to languish behind bars for an indefinite period and in the interest of
justice, he is entitled to the relief of bail.
46. Therefore, without delving into the merits of the case, this Court is
inclined to allow the present petition seeking regular bail in FIR No. 60/2020
dated 26th February, 2020 for offences punishable under Sections
186/353/332/333/323/109/144/147/148/149/153A/188/336/427/307/302/308
/397/412/201/120B/34 of the IPC read with Sections 3 and 4 of the PDPP
Act and Sections 25/27/54/59 of the Arms Act, registered at Police Station-
Dayalpur.
47. Accordingly, the petitioner is directed to be released on regular bail,
on furnishing a personal bond in the sum of Rs. 50,000/- with one surety in
the like amount, subject to the satisfaction of the Court concerned and
subject to the following conditions of bail:
(i) The petitioner shall surrender his passport before the Court
Concerned and he shall under no circumstances leave India
without prior permission of the Court concerned.
(ii) The petitioner shall appear before the Court concerned as and
when required.
(iii) The petitioner shall not tamper with the evidence during the
trial.
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Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
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(iv) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case.
(v) The petitioner shall provide his mobile number(s) and keep it
operational at all times.
(vi) The petitioner shall not commit any offence whatsoever during
the period of his bail; and,
(vii) In case of change of residential address and/or mobile number,
the same shall be intimated to the Court concerned by way of
an affidavit.
(viii) The petitioner shall mark his presence before the Investigating
Officer on every 15th day of every calendar month.
48. It is further imperative to clarify that the observations so recorded
hereinabove are only for the purpose of deciding the present bail application
and shall not affect the merits of the instant case.
49. Furthermore, it is made clear that in case of breach of any of the
above conditions, the prosecution shall be at liberty to move an application
before this Court seeking cancellation of bail.
50. Accordingly, in the aforesaid terms and conditions, the present
petition alongwith pending applications, if any, stands disposed of.
51. Copy of this order be uploaded on the website forthwith and be sent to
Jail Superintendent for compliance.
CHANDRA DHARI SINGH, J
NOVEMBER 4, 2024Rk/sm/mk Click here to check corrigendum, if any
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Signature Not Verified
Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:04.11.2024
20:10:24