DEVANGANA KALITA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) Present petition has been filed under section 439 Cr.P.C. for grant of bail to the petitioner in pursuance to FIR No. 50/2020 dated 26.02.2020 registered at Police Station Jafrabad (being investigated by Crime Branch) for the offences punishable under sections 147/148/149/ 186/353/283/332/323/307/427/120B/34/188 IPC and SECTION 25, 27 Arms Act and sections 3/4 of Prevention of Destruction of Public Property Act.

(2.) Mr.S.V. Raju, learned Additional Solicitor General has submitted, while opposing the present petition, that present case pertains to the riots which occurred in the North-East District of N.C.T. of Delhi, which resulted in the tragic death of 53 innocent people. A total of 581 persons got injured out of which there were 108 police personnel who received injuries. In the said riots, 2 police personnel (1 from Delhi Police and 1 from IB) were also murdered by members of the unlawful assembly. In the said riots, out of total of 581 injured people, 97 persons received Gunshot injuries, 08 persons received Acid attack injuries, 10 persons received Burn Injuries, 340 persons got injured due to Physical assault and 126 persons got injured due to Stone pelting. The said riots resulted in registration of a total of 752 FIRs out of which 60 FIRs are being investigated by the S.I.T. (Crime Branch), 1 (one) is by Special Cell and 691 FIRs are by the local jurisdictional police.

(3.) Further submitted that the instant case i.e. FIR No. 50/2020 registered on 26.02.2020 of very serious offences under Sections 147/148/149/186/ 353/283/332/323/307/427/120B/34/188 IPC, 25/27 Arms Act and 3,4 P.D.P.P. Act. The role of petitioner has emerged as that of the main conspirator, inasmuch as, she with an intention to flare communal passion and to instigate a section of people to indulge in rioting, did all the preparatory work such as organising and mobilisation of crowd, sustaining the mobilised mob of a particular community at the protest site, and thereafter, to instigate them to commit the offences as enumerated above. Moreover, the petitioner is involved in other cases, the details of the same are as under:-