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2020 DIGILAW 253 (DEL)

Danish Jaffar v. State

2020-02-03

VIBHU BAKHRU

body2020
JUDGMENT : CRL.M.A. 1804/2020 1. Allowed, subject to all just exceptions. BAIL APPLN. 226/2020 & CRL.M.(BAIL) 160/2020 2. The petitioner has filed the present application seeking bail in connection with FIR No. 0298/2019 under Sections 143/147/148/149/186/353/332/308/427/435/323/341/120B/34 of the IPC registered with PS Jamia Nagar. 3. The said FIR was registered in view of the incident that had occurred on 15.12.2019. It is alleged that some students/ex-students of Jamia University and certain other persons had assembled in large numbers at Jamia University for protesting against the Citizenship (Amendment) Bill, 2019 (now the Citizenship (Amendment) Act, 2019) and the proposal for a National Register of Citizens (NRC). It is stated that the protestors blocked the main Mathura Road and turned violent. Some of the protestors started pelting stones and brickbats on police personnel and damaged public and private properties. It is reported that six DTC buses were set ablaze and a number of private vehicles were also damaged by the protestors. Some of the protectors had set ablaze three police booths. 4. It is alleged that the petitioner was one of the protestors who had indulged in such violent acts on that date. According to the respondent, he was one of the protestors that had pelted stones and caused damage to public properties including burning of the Kabristan Police Booth, Jamia Nagar. 5. The petitioner was apprehended on 16.12.2019 from a place near his house and has been in custody since then. 6. Mr Gupta, learned APP states that CCTV footage of the said protest have been obtained and the same is being analysed. He also states that the petitioner is involved in several other cases as well and has opposed the petitioner’s prayer for bail on the ground that the petitioner is a habitual offender of the area. 7. The learned counsel appearing for the petitioner submits that the petitioner is a plumber by profession. Although there are several cases filed against him, the same have been registered to victimise the petitioner. She states that the petitioner has also made complaints of victimisation by the police authorities. She states that two of the FIRs relate to the year 2013 and at the material time, the petitioner was a juvenile. Although there are several cases filed against him, the same have been registered to victimise the petitioner. She states that the petitioner has also made complaints of victimisation by the police authorities. She states that two of the FIRs relate to the year 2013 and at the material time, the petitioner was a juvenile. She states that in one of the FIR’s mentioned in the status report, the petitioner was discharged and, in another FIR (FIR No.253/2014), as mentioned by the respondent, he is neither named nor summoned in any court proceedings. She states that currently proceedings relating to three FIRs are pending and the petitioner has already been granted bail and is stoutly contesting the allegations levelled against him. 8. The learned counsel for the petitioner has also handed over a print out from the Delhi Police’s Twitter handle, which displays photographs of seventy-one protestors, who have been identified from the CCTV footage. She submits that the petitioner is not one of the said protestors. And, there is no material or evidence indicating that the petitioner is involved in any violent activity on the date of the incident. 9. Mr Gupta counters the same and states that the CCTV footage is being analysed and the petitioner has been identified by the beat staff. 10. Whilst the right to protest and express cannot be interdicted; violence in any form cannot be countenanced. However, in the present case, there does not appear to be much material evidencing the involvement of the petitioner in indulging in any violent act. 11. Considering the circumstances, this Court considers it apposite to allow the present petition and the applicant is granted bail, albeit subject to the condition that the petitioner shall mark his presence at PS Jamia Nagar on every Monday of the calendar week. The petitioner shall maintain discipline and not indulge in violence of any kind. 12. Subject to complying with the aforesaid conditions, the petitioner shall furnish a personal bond in the sum of Rs. 5,000/- and one surety of an equivalent amount to the satisfaction of the concerned Trial Court. 13. The petition is disposed of in the aforesaid terms. The pending application is also disposed of.