(1.) This is an application under Section 439 of the Code of Criminal Procedure (Cr.P.C.) seeking regular bail in FIR No.87/2020 dated 25.02.2020 registered at Police Station New Usman Pur, Delhi for offences under Sections 147, 148, 149, 188, 307, 427 of Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act.
(2.) A perusal of the FIR shows that an information was received on 25.02.2020 that persons belonging to Muslim community have gathered in the area and are indulging in rioting and a few of them are armed with weapons and are resorting to firing, throwing stones and are demonstrating. On receiving the information the Police reached the spot and injured persons were taken to the hospital for treatment. Eyewitnesses were traced and FIR No.87/2020 under Sections 147, 148, 149, 188, 307, 427 of Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act was registered. The petitioner was arrested on 02.05.2020.
(3.) The petitioner approached the Sessions Court seeking bail but the same was rejected by an order dated 26.08.2020. Co-accused, Mohd. Naim, was granted bail by this Court on 18.09.2020. Claiming parity with the case of Mohd. Naim the petitioner once again approached the Sessions Court by moving a bail application but the same was dismissed by order dated 20.10.2020. Hence the petitioner approached this Court by filing the instant bail application.