Interim Order 31

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT01-0031072024
IA No. 13/2025
SC No. 142/2024
State Vs. Raju Saini and Ors.
FIR No. 1188/2023
PS Karol Bagh
U/s. 395/412/120B IPC
REGULAR BAIL APPLICATION OF APPLICANT DEEPAK
KUMAR SON OF SH. NAGENDRA SINGH
22nd March, 2025
Present: Sh. Yogendra Adari, Ld. Addl. PP for State.
Sh. Prabhat Jeevan, ld. Counsel for
applicant/accused.
IO Inspector Kailash Kumar Phogat in person.
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 is in J.C. since 31.10.2023. It
is further argued that the applicant has been falsely
implicated in this case in utterly false, frivolous
misconceived and concocted FIR and the investigation is
already complete. It is further argued that the evidence of
two main witnesses namely PW-1 and PW-2 have been
completed on 25.02.2025. It is further argued that the
applicant is a labour and school dropout. It is further
argued that the applicant has not been identified in TIP
proceedings. It is further argued that the co-accused
persons namely Lalit Kumar @ Sunny and Ashish Gaggi
have already been granted bail. It is prayed that the
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applicant be released on bail. Ld. Counsel for applicant has
relied upon the judgments in cases titled as
Babu Singh
and Anr. vs. State of S.P., 1978 AIR 527 and
Bhagirath
Sinh vs. State of Gujarat, 1984 AIR 372,
Union of India
vs. K.A. Najeeb, Crl. Appeal No. 98/2021 and
Mohd.
Azharuddin vs. The State (NCT of Delhi), Bail Application
No. 731/2022 to support his arguments.
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 the applicant
alongwith his associates has committed the grievous
offence i.e. dacoity of Rs. 39 Lacs. It is further submitted
that Rs. 4 Lacs have been recovered from the house of the
applicant at his instance and his brother/co-accused
Dipender. It is further submitted that the applicant can
threaten the complainant and witnesses. It is further argued
that the applicant can jump the bail, if granted. It is prayed
that bail application of the applicant may be dismissed.
5. Arguments heard. Record perused.
6. The allegations against the applicant are of serious nature
of committing day light dacoity of Rs. 39 Lacs. As per the
allegations, co-accused persons Deepak @ Tatu, Kamal
Kumar and Dipender Kumar entered into the office of the
complainant and committed the loot. All three of them
were correctly identified by the complainant in TIP
proceedings. The role of the applicant was that he was
present alongwith other co-accused Raju Saini in the street
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outside to carry out surveillance while the other co-
accused persons were committing dacoity. The applicant
and the co-accused Raju Saini are clearly visible in the
CCTV footage taken from the vicinity of the place of
occurrence. Part of the looted amount i.e. Rs. 4 Lacs were
recovered at the instance of the applicant and his brother
co-accused Dipender.
7. Considering the seriousness of the offence, severity of
punishment, the role played by the applicant, recovery of
the part of looted money and the fact that material
witnesses are yet to be examined, this Court is not inclined
to grant bail to the applicant at this stage.
8. The application filed by the applicant for grant of bail is
hereby dismissed.
9. Nothing herein shall tantamount to any opinion on the
merits of the case. The observations made herein are only
for deciding the present bail application.
10. Application stands disposed of.
11. Copy of this order be given dasti to ld. Counsel for
applicant/accused.
12. 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
22.03.2025(VR)
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COVERSHEET TO THE COPY OF JUDGMENT /ORDER IN
COMPLIANCE OF THE PRACTICE DIRECTIONS ISSUED
IN PURSUANCE OF THE ORDER DATED 23.10.2024
PASSED IN WP (C) 1082/2020, TITLED AS SUHAS
CHAKMA Vs. UNION OF INDIA AND ORS. BY THE
HON’BLE SUPREME COURT OF INDIA
The applicant/accused/convict is hereby informed
that he/she may avail free legal aid facilities for pursuing higher
remedies, for which he/she may contact for seeking appropriate
guidance at :
Central Delhi Legal Services Authority,
Room No. 287, 2nd Floor, Tis Hazari Courts, Delhi-110054
Phone No. : +91 9667992791, +91 1123933231
E-mail : central-dlsa@nic.in
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