Full Judgment Text
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:04.11.2020
20:10:30
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 4 November, 2020
+ BAIL APPLN. 1885/2020, CRL. M.As. 9938-39/2020 & 10683-84
MOHAMMED BILAL SAIFI ..... Petitioner
Through: Ms. Rebecca John, Senior Advocate
with Ms. Megha Bahl and Ms.
Maulshree Pathak, Advocates
(M:9818405329).
versus
STATE (THROUGH: NCT OF DELHI) ..... Respondent
Through: Mr. S.V. Raju, ASG with Mr. Rajat
Nair, SPP, Mr. Amit Mahajan SPP,
Mr. Shantanu Sharma, Mr. Guntur
Pramod Kumar, Ms. Sairica Raju, Mr.
Shaurya R Rai and Mr. Dhruv Pande
Advocates for State (M:
8368414885).
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done by video conferencing.
2. The present petition had been filed seeking anticipatory bail in FIR
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No. 0044/2020, registered at PS Jagatpuri on 26 February, 2020 against the
Petitioner. However, since non-bailable warrants had already been issued
against the Petitioner and considering the nature of allegations against him,
he was directed to surrender and cooperate in the investigation vide order
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dated 27 July, 2020. Accordingly, the present petition was directed to be
treated as an application for bail and not anticipatory bail.
3. The allegation against the Petitioner in the FIR under Sections
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BAIL APPLN. 1885/2020 Page 1 of 4
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SINGH NAYAL
Signing Date:04.11.2020
20:10:30
147/148/149/186/353/332/307/109/34 of the IPC and Sections 25/27 of the
Arms Act, 1959 is that he participated in an unlawful assembly, which was
going on in Khureji Khas area, North East Delhi in February, 2020. While
disbursing the mob, a couple of police officials are stated to have been
injured. An FIR was filed against the Petitioner as one of the police officials
had identified the Petitioner. The charge-sheet against the Petitioner has also
been filed before the ld. Metropolitan Magistrate, Shahadra District,
Karkardooma Courts.
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4. Arguments were heard in the application for bail on 11 August,
2020, on which date the Court considered the submissions and the record.
Considering the overall facts and circumstances, especially the educational
qualifications of the Petitioner and the fact that he had surrendered and
participated in the investigation after he was directed to do so, this Court had
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granted interim bail to the Petitioner vide order dated 11 August, 2020, for
a period of 30 days from the date of his release, subject to various
conditions. It was also directed that a status report would be filed by the
prosecution, after monitoring the Petitioner’s conduct during the period of
interim bail.
5. The Petitioner is one of the accused in FIR No. 0044/2020 PS
Jagatpuri. There are several other accused in the said FIR. Most of them
have been released on either regular bail or interim bail.
6. Mr. Raju, ld. ASG along with Mr. Mahajan, ld. SPP have appeared
today and submit that the conduct of the Petitioner during the period when
he was released on interim bail has been satisfactory. It has also been
submitted by Ms. John, ld. Sr. counsel that the Petitioner has complied with
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all the conditions that were imposed on him vide order dated 11 August,
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SINGH NAYAL
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2020. She however submits that the Petitioner’s mother is suffering from
cancer and he would like to visit his residence. Hence the condition that he
will live in a different locality as imposed in the order granting interim bail
be relaxed and he be permitted to visit his residence.
7. In view of the above recorded circumstances, this Court is inclined to
grant regular bail to the Petitioner on similar conditions as were contained in
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the order dated 11 August, 2020. Accordingly, the Petitioner is admitted to
regular bail. No further bond or surety would be required to be furnished.
Further, the Petitioner is permitted to visit/ live in his permanent residential
address, which shall be given to the Investigating Officer (IO), who is free to
verify the said address at any point of time. If there is any change in the
address, the IO shall be intimated and the said address shall also be verified.
8. The remaining conditions as contained in the said order which are set
out below shall continue to apply upon the Petitioner:
i. The Petitioner shall not leave Delhi.
ii. The Petitioner’s surrendered passport shall remain in the custody of
the Trial Court.
iii. The Petitioner shall provide his live mobile number and of a close
family member to the IO.
iv. The Petitioner shall be in regular touch with the IO on a daily basis by
mobile phone and if the IO on a particular date, calls the Petitioner to
visit him personally, he shall do so.
v. The Petitioner shall ensure that he does not indulge in any illegal or
unlawful activity or contact any witnesses or any other persons who
are subject matter of the investigation in the present case being FIR
No.44/2020 PS Jagatpuri. He shall not indulge in any conduct so as to
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BAIL APPLN. 1885/2020 Page 3 of 4
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SINGH NAYAL
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impede the investigation.
vi. The Petitioner shall appear before the Trial Court as and when
directed, and participate in the proceedings without fail.
9. The petition is accordingly disposed of in these terms. All pending
applications are also disposed of.
PRATHIBA M. SINGH
JUDGE
NOVEMBER 4, 2020
dj/A
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BAIL APPLN. 1885/2020 Page 4 of 4
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