Only two persons had been named in FIR

2021 CRI. L. J. (NOC) 486 (DEL.)
AIROnline 2020 Del 1103

Mohd. Anwar v. State of (NCT) Delhi.

Bail Appln. No. 1231 of 2020,

D/-4-8-2021
Criminal P. C. (2 of 1974), S. 439 - Pe- nal Code (45 of 1860), Ss. 147, 148, 149, 427, 436-Bail - Allegation that accused indulged in rioting and arson  Case registered u/Ss. 147/148/149/427/436 of IPC Offences alleged arise in context of an unlawful assembly Only two persons had been named in FIR - It will be for State to first show presence of other persons, whether named or unnamed, who were part of and involved in offences as an unlawful assembly Until State shows that, it cannot be presumed that applicant was part of such assembly-Applicant was neither carrying a wooden stick nor an iron rod nor a petrol-filled bottle and his hands appeared to be empty - Investigation is complete and charge sheet has been filed-Co-accused already admitted to regular bail-Applicant entitled to bail on conditions. (Paras 24, 26)