TANVEER MALIK Vs. STATE

JUDGEMENT

(1.) Petitioner is accused in FIR No. 91/2020, registered at police station Dayalpur, Delhi for allegedly committing offences under Sections 147/148/149/153A/505/436/307/120B/34 IPC and Sections 27/30 Arms Act. He is in judicial custody since 12.03.2020 in this case and by this petition, he is seeking bail while claiming to be innocent and of having been falsely implicated in this case.

(2.) The FIR in question is fulcrum of riots which broke out in North East Delhi on 25.02.2020. Pertinently, two more FIRs i.e. FIR No. 88/2020 and FIR No. 92/2020, both registered at police station Dayalpur, Delhi pertaining to the incident of riots on 25.02.2020 are also pending to the credit of petitioner. However, vide order dated 04.02.2021 petitioner has been granted bail in FIR No. 92/2020 [in Bail Appln. 3864/2021] by this Court, whereas in FIR No. 88/2020, he has been granted bail by the Court of Sessions vide order dated 30.05.2020.

(3.) In the present FIR, petitioner had earlier approached this Court for bail and the same was dismissed by passing a detailed order on 24.09.2020 [Bail Appln. 2664/2020]. Petitioner's second bail application [Bail Appln. 3570/2020] was also dismissed by this Court vide order dated 23.11.2020. Thereafter, his third bail application [Bail Appln. 652/2021] was not pressed by him while seeking liberty to approach the learned trial court for the relief claimed. However, his bail application has been dismissed by the learned trial court vide order dated 12.03.2021 [in SC No.70/2021] rejecting his claim of parity in FIR No. 92/2020, registered at police station Dayalpur, Delhi wherein he has been granted bail by this Court, while holding "that there is no independent eye witness identification of applicant in case in FIR No. 92/2020, whereas in the present case, besides being identified by injured Ajay, he has also been categorically identified by public witnesses PW Harish Chander and PW Prashant Kumar." The learned trial court has further held as under:-