Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT010031072024
IA No. 01/2024
SC No. 142/2024
State Vs. Raju Saini and Ors
FIR No. 1188/2023
PS Karol Bagh
BAIL APPLICATION OF APPLICANT RAJU SAINI SON
OF SH. TEP PAL SAINI
15th March, 2024
Present: Sh. A.B. Asthana, Ld. Addl. PP for the State.
Sh. Akash Dhawan and Ms. Sujata Yadav, Counsel
for applicant/accused Raju Saini.
SI Trilok Kumar is present on behalf of IO.
1. Reply filed. Copy supplied.
2. This is an application u/s 439 Cr. P.C. filed on behalf of
the applicant/accused Raju Saini (hereinafter referred to as the
applicant) for grant of bail.
3. The counsel for applicant argued that applicant has been
falsely implicated in the present case and he has nothing to do
with the alleged offence. It is further argued that investigation is
complete and charge sheet is pending trial. It is further argued
that recovery has been effected from the applicant and there is no
connection of the applicant with the crime. It is further argued
that no fruitful purpose will be served by keeping the applicant in
custody. It is therefore, prayed that he be released on bail.
4. To the contrary, the Ld. Addl. PP for the State with the
assistance of the IO contended that there are serious allegations
of dacoity against the applicant and part of looted money has
been recovered at his instance from his house. It is further
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contended that the motorcycle used by the applicant in the crime
has also been recovered from his possession. It is further
contended that the applicant alongwith his associate namely
Deepak were carrying out the surveillance in the street outside on
the motorcycle while the other associates were committing
dacoity and they are clearly visible in the CCTV footage taken
from the vicinity of place of occurrence. It is therefore, prayed
that the present applicant may kindly 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 is in conspiracy with other
accused persons was doing surveillance on the street alongwith
his associate Deepak on the motorcycle, which has been
recovered from his possession, while the other three co-accused
persons committed dacoity by forcefully entering in the office of
the complainant, tying the mouth, hands and legs of the
complainant with Cello tape and rope, and robbed Rs. 39.00 Lacs
and mobile phone of the complainant. During investigation, the
part of looted money i.e. Rs. 7.5 Lacs is recovered from the
house of the applicant at his instance.
7. It is axiomatic that the conspiracy is hatched in secrecy and
the direct evidence of conspiracy is rarely available. It can only
be gathered from surrounding facts and circumstances.
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 other facts and
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circumstances, this court does not deem it a fit case for grant of
bail.
9. The application of the applicant Raju Saini for grant of bail
is hereby dismissed.
10. Application stands disposed of.
11. Copy of this order be given dasti to IO as well as Counsel
for applicant.
12. Soft as well as hard copy of this order be sent to the
concerned Jail Superintendent for information and necessary
action.
(SUSHIL ANUJ TYAGI)
ASJ-04/Central/Delhi
15.03.2024
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