SHARIF KHAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This hearing has been held through video conferencing.

(2.) The present petition had been filed seeking anticipatory bail in FIR No. 0044/2020, registered on 26th February, 2020 against the Petitioner. However, since non-bailable warrants had already been issued against the Petitioner, vide order dated 7th August, 2020, he was directed to surrender and cooperate in the investigation. The present petition was directed to be treated as an application for bail and not anticipatory bail.

(3.) The allegation against the Petitioner in the FIR under Sections 147/148/149/186/353/332/307/109/34 of the IPC and Sections 25/27 of the Arms Act, 1959 is that he participated in an unlawful assembly, which was going on in Khureji Khas area, North East Delhi in February, 2020. While disbursing the mob, a couple of police officials are stated to have been injured. An FIR was filed against the Petitioner as one of the police officials had identified the Petitioner. The charge-sheet against the Petitioner is yet to be filed. Arguments were heard in the application for bail on 4th September, 2020, on which date the Court considered the submissions and the record. It was observed that the Petitioner is 60 years old and is stated to be a permanent resident of Delhi, which fact was not disputed. He is one of the accused in FIR No. 0044/2020 PS Jagatpuri. There are several other accused in the said FIR. Most of them have been released on either Regular bail or interim bail.