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Recently in the bail application heard by the Delhi High Court, the court weighed up the Explanation to Section 120A, assessing the ingredients of criminal conspiracy to decide the complicity of the accused. The matter surfaced in the bail application filed by the Petitioner against the accusation of being a part of mob violence took place in NCT of Delhi in the month of February 2020.
In the instant FIR filed the protest was on move near Chand Bagh moving towards the Main Wazirabad Road. When the police tried to intervene and stop, the protestors overlooked their legal warnings and started pelting stones at the police officials. The protestors even snatched lathis from the police, and started beating with it. Post the incident, the protestors fled away and injured were sent to the hospital for treatment. The investigation was completed and charge sheet was filed on 08.06.2020 wherein the Petitioner has been added. The Petitioner was arrested on under Sections 186/353/332/323/109/144/147/148/149/153A/188/333/336/427/307/308/302/201/120-B/34 of the IPC, read with 3/4 of the PDPP Act.
Arguments of the Petitioner
The Petitioner was falsely implicated, as the Petitioner is not visible in any footage showing his presence at the Scene of Crime.
It was submitted that the intention was not to participate into riots, but to defend their neighborhood from the deadly riots erupted against the Citizenship (Amendment) Act, 2019.
There is no record to show the Petitioner was part of the alleged organized mob. The video footage and the Cell ID location of the Petitioner are contradictory to each other.
Arguments of the Respondent
The Respondent submitted three video clips for drawing inference on how the assault on police personnel was pre-meditated. It was submitted how the CCTV cameras were planned to deactivate.
It was submitted that the identity of the Petitioner was confirmed by the injured police personnel under Section 161 Cr.P.C.
The Petitioner was in contact with the main organizer and was part of the meeting conducted to finalize the plan.
The absence of the accused from a video does not translate into absence of the accused from the scene of crime. Being a part of the unlawful assembly makes him equally liable for the crime committed, hence only meeting of minds is necessary to make one liable under Section 120-B IPC.
Decision of the Court
The court observed that in the instant case, the issue that whether or not the illegal act is the ultimate object of the agreement, or is incidental to it, is completely immaterial.
The Court observed that unless the statute not implicate so, no overt act is required to be done in furtherance of the conspiracy. The agreement to commit an offence where perpetrators expressly agree to do so makes them punishable under Section 120-B IPC.
The continuity of the conspiracy is held to be continued and renewed with regard to all its members wherever and whenever any single member does anything in furtherance of this common intention.
One need to be observed the circumstances before, during and after the occurrence in order to discern the complicity of the accused.
Hereby, the court was of the view that the grant of the bail is not be exercised in arbitrary manner and need to apply judicial mind. The evidence of footage and the statement given by the witness proves the presence of the Petitioner at the crime scene, was planned to cause disrupt the public law and order. It was calculated attempt to destabilize the society life and cause grievous hurt to other persons.
In view of the facts and circumstances of the case, the bail application of the Petitioner was dismissed.
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Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
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Prohibited REGISTERED USER Activities and Actions
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The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
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Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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