SALIM MALIK Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal has been preferred by the appellant under Sec. 21(4) of the National Investigating Agency Act, 2008 (in short 'NIA') against the impugned order dtd. 6/10/2022, whereby he has been denied bail in FIR No.59/2020. Said FIR was initially registered under Ss. 120-B/147/148/149 of the Indian Penal Code, 1980 ('IPC'), however, subsequently, Ss. 124A/153A/109/114/212/353/395/427/ 307/302/ 186/452/34 IPC and Ss. 3/4 of Prevention of Damage to Public Property Act, 1984 ('PDPP') and Ss. 13/16/17/18 of Unlawful Activities (Prevention) Act (in short 'UAPA'), were also added.

(2.) The appellant has averred that he was, initially, arrested in FIR No.60/2020 registered at Police Station Dayalpur, Delhi under PDPP Act. The said FIR was registered on 25/2/2020 at the instance of Constable Sunil, posted at Police Station Dayalpuri, Delhi, who on 24/2/2020 along with other members of the police team was deployed at Chand Bagh, Delhi, which was attacked by mob during the riots. In the alleged incident, Head Constable Ratan Lal lost his life and DCP, Shahdara and ACP, Gokulpuri sustained grievous injuries.

(3.) During the course of investigation, witnesses were examined; their statements under Sec. 161 Cr.P.C. were recorded; crime spot was inspected by the crime team; CCTV footages were retrieved from the cameras installed by GNCTD and private persons; other exhibits were collected and sent to FSL for expert opinion. Upon analysis of the CCTV footages, the persons involved in the riots were identified and arrested.