JUNAID / CHAND MOHD. Vs. STATE

JUDGEMENT

(1.) The above-captioned petitions have been filed by the petitioners under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of bail in case FIR No.84/2020, for the offences punishable under Sections 147/148/149/153-A/302/395/397/452/454/505/506/120-B IPC, registered at PS Dayal Pur, North East District, Delhi.

(2.) The above-captioned petitions have been filed of the same incident and FIR and the evidence on record are the same against all the accused/petitioners, therefore, these petitions being decided by this common order. However, since facts are also same of all the petitioners, therefore, facts narrated in Bail Appln.3163/2020 filed by accused Junaid are being discussed while passing order in these petitions.

(3.) Case of the prosecution is that in the North East area of Delhi at different places, incidents of stone pelting and rioting were reported. On 24.02.2020, at around 3:00 PM, Hindu mob which was pro CAA also entered the arena and they too started pelting stones etc. at the Muslim community, forcing them to retreat. Muslim rioters were concentrated towards the Muslim dominated Chandbagh area, while the Hindu rioters were towards the Yamuna Vihar area. Some of the rioters on both the sides also went to the roof tops of the buildings of their area over looking Mohan Nursing Home and adjoining buildings, while Muslim mob took position at the roof top of buildings like Saptarishi, Ispat and Alloy Private Limited etc. From the roof top of the building, there were firing and stone pelting towards each other, from both sides of the road. In short time, it became a full-fledged Hindu-Muslim riot. In the process, one Shahid received a gunshot injury which led to his unfortunate death.