Interim Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA No. 07/2024
SC No. 142/2024
State Vs Raju Saini & Ors
FIR No. 1188/2023
PS Karol Bagh
U/s 395/412/120-B IPC
REGULAR BAIL APPLICATION OF APPLICANT DEEPAK
KUMAR S/O NAGENDRA SINGH
08th November, 2024
Present: Sh. Yogendra Adari, Ld. Addl. PP for State.
Mr. Prabhat Jeevan, Ld. Counsel for the applicant/
accused.
Inspector Kailash Kumar Phogat is present.
1. Reply filed. Copy supplied.
2. This is an application filed on behalf of the
applicant/accused Deepak Kumar (hereinafter referred to
as applicant) for grant of regular bail.
3. It is argued that the applicant has been falsely implicated
in the present case by the police officials of PS Karol Bagh
Delhi. It is argued that the applicant has been arrested in
the present case on 31.10.2023, therefore, no fruitful
purpose would be served by keeping the accused behind
the bars and the entire allegations are false. It is further
submitted that the FIR filed by the police is utterly false,
frivolous, misconceived and concocted and not even
supported by any concrete evidence in support of the
allegations against the applicant. It is further submitted
that the raiding party of the police did not involve any
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independent witness. It is further argued that the
applicant / accused has not committed any crime and he is
innocent. It is further argued that the investigation has
been completed and the chargesheet has been filed in the
court against the applicant and the applicant is no more
required for any purpose / investigation. It is further
argued that the applicant is not a previous convict and he
belongs to respectable family. It is further submitted that
the applicant has not been identified by the complainant in
identification prade. It is further submitted that the
applicant has not done any accomplished act of dacoity
and was incidentally at that place due to co-accused Raju
Saini who told him to accompany him as he is going to
meet his friends at Karol Bagh. It is further argued that the
applicant is only bread earner in his family. It is further
argued that the applicant will not tamper with the
prosecution evidence and also will abide by all the terms
and conditions which may be imposed by this Hon’ble
Court upon him, if he is released on bail. It is prayed that
the applicant be released on bail.
4. Application has been opposed by the ld. Addl. PP for State
on the ground that the allegations against the applicant are
serious in nature. It is further submitted that applicant
alongwith his associates have committed grievous offence
i.e. dacoity of Rs. 39 lacs. An amount of Rs. 4 lacs in cash
has been recovered from the house of applicant at his
instance and the instance of his brother co-accused namely
Dipender. It is further submitted that the applicant can
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threaten the complainant and witnesses. It is further
submitted that applicant and his one associate namely Raju
Saini, were carrying out surveillance in the street outside
on a motorcycle while other associates committing robbery
and both are clearly visible in the CCTV footage. It is
further submitted that he may jump the bail, if he is
granted bail. It is prayed that bail application of the
applicant may be dismissed.
5. Arguments heard.
6. The allegation against the applicant are of grave and
serious in nature of the day light dacoity of Rs. 39 Lacs.
The specific role of the applicant is that he in conspiracy
with other accused persons entered in the office of the
complainant and robbed Rs. 39 Lacs and one mobile
phone of the complainant. All three accused persons
entered into the office of the complainant namely Deepak
@ Tatu, Kamal Kumar and Dipender Kumar were
correctly identified by the complainant in the judicial TIP
proceedings. During investigation, part of looted money
i.e. Rs. 22,62,000/-, robbed mobile phone and the air gun
used in the commission of the offence have been recovered
from the possession or at the instance of the applicant
Deepak @ Tatu.
7. The earlier regular bail application of the applicant was
dismissed vide order dated 08.07.2024. There are no
change in circumstance since the dismissal of the earlier
bail application except the framing of charge. The material
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public witnesses are yet to be examined.
8. Considering the gravity and seriousness of the offence, the
punishment which it entails, the role of the applicant,
recovery of part of looted money from him and the fact
that material witnesses are yet to be examined, this court
does not deem it a fit case for grant of bail.
9. Application filed by the applicant Deepak Kumar for grant
of bail is hereby dismissed.
10. Copy of this order be given dasti to ld. Counsel for
applicant/accused.
11. A hard as well as soft copy be also sent to the concerned
Jail Superintendent immediately for information and
necessary action.
(SUSHIL ANUJ TYAGI)
ASJ-04/Central/Delhi
08.11.2024(v)
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