SUNNY ALIAS LALLA Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) The petitioners in above captioned two petitions are seeking regular bail in FIR No. 95/2020, registered at police station New Usmanpur, Delhi. The FIR in question has been registered for the offences under Sections 302/308/201/147/148/149/174A/188 IPC against petitioner-Sunny @ Lalla and petitioner- Brij Mohan Sharma @ Gabbar, for the offences under Sections 149/308/302/201/188 IPC.

(2.) Since these petitions pertain to common FIR, therefore, with the consent of counsel for the parties, these petitions were heard together and are being disposed of by this common judgment.

(3.) The case of the prosecution is that on 26.02.2020, DD No. 167A was received at police station Usmanpur, Delhi that the caller has stated that in Gali No. 2, pushta Kartar Nagar, the rioters having lathis in hands are breaking the gates of houses of persons of other community and trying to enter in their houses. Another DD entry vide DD No. 164-A was also received from Jag Pravesh Chandra Hospital regarding an injured person, namely, Irfan, aged around 25 years being admitted in the hospital. Both the calls were assigned to ASI Naushad, who reached the hospital and collected the MLC, wherein the doctor had written that "the patient brought to casualty with alleged history of physical assault, riot and patient unfit for statement. " On the basis of DD No. 167 A, the FIR in question was registered. Later, the injured-Irfan succumbed to the injuries sustained.