ASHRAF ALI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed under section 439 Cr.P.C. seeking grant of regular bail on behalf of petitioner in pursuance to FIR No.39/2020 registered at Police Station Gokulpuri for the offences punishable under sections 147/148/149/149/302/201/436/427/153A/120B/34 IPC.

(2.) Undisputed facts are that on 28.02.2020, FIR No. 39/20 registered at Police Station Gokulpuri for the offences punishable under Sections 147/148/149/302/201/436/427 IPC. On 05.03.2020, statement under Section 161 Cr.P.C. of witness Anil Pal was recorded whereby Khalnayak and Arshad s/o Anish are mentioned as separate persons. The witness does not identify the Petitioner. On 08.03.2020, notice under section 160 Cr.P.C. was issued to the petitioner by IO. On 11.03.2020, statement under Section 161 Cr.P.C. of witness Himanshu was recorded wherein the Petitioner is identified as one of the 250 persons involved in stone-pelting and raising anti-community slogans on 24.02.2020 around 2:30pm and petitioner has joined the investigation whereupon arrested for the offence punishable under sections 147/148/149/153-A IPC.

(3.) Case of the petitioner is that on 16.03.2020, statement under Section 161 Cr.P.C. of witness Ankit Pal was recorded wherein he did not identify the Petitioner. He mentioned Khalnayak and Mohd Arshad s/o Anish as separate persons. On 01.04.2020, statement under Section 161 Cr.P.C. of witness Amit Pal was recorded wherein he also did not identify the Petitioner. There is no mention of Arshad, only Khalnayak is mentioned. On 04.06.2020, the police filed final report against 12 accused persons before the Court of the Ld. MM, Karkardooma Courts and the petitioner was mentioned as accused No. 4 and no mention of alias Khalnayak. On 07.07.2020, IO filed a Supplementary Final Report under Section 173(8) Cr.P.C solely on the point of petitioner 's identification and petitioner was mentioned as Ashraf Ali @ Khalnayak for the first time.