Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: SC No. 317/2023
State Vs. Kamal Singh @ Langa & ANR.
FIR No. 285/2022
PS Gulabi Bagh
CNR No. DLCT01-007376-2023
19.07.2023
Present: Sh Anil Kumar, Ld. Chief Prosecutor for State.
Accused Kamal Singh and Pawan produced from
JC.
Accused Gaurav @ Haddi produced from JC (he
was granted bail vide order dated 29.03.2023 and till
date, not furnished bail bond and surety bond)
Sh. Sandeep Gupta, Ld. LAC for all accused.
In view of the request of the accused persons, Sh.
Sandeep Gupta, present in the court today, has been appointed as
legal aid Counsel for all the accused persons.
At request of the Ld. Chief Prosecutor for the State
that IO of the case be called regarding the status of the FSL
result, matter stands adjourned.
Notice be issued to the IO to appear in person on the
next date and matter be listed for arguments on charge on
20.09.2023.
Perusal of the record shows that bail applications of
accused Pawan and Kamal Singh are pending for arguments.
As the allegations levelled against both the
applicant/accused are similar in nature, therefore, I shall dispose
off both the bail applications of accused persons, vide this
common order.
Arguments on the bail applications heard. Record
perused.
It has been argued by Ld. LAC for both accused that
applicants Pawan and Kamal Singh @ Langda are languishing in
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JC since 04.11.2022 and that they are innocent and have been
falsely implicated in the present case and they have nothing to do
with the present case. It has further been stated that investigation
in the present case has already been completed and charge-sheet
has been filed by the police and no purpose would be served by
keeping the applicants behind the bars. It has further been stated
that the co-accused Gaurav @ Haddi has been released on bail by
the Court of Sessions and the present applicants be also released
on bail on the ground of parity with co-accused Gaurav @ Haddi
and it is stated that the applicants are ready to abide with all the
terms and conditions to be imposed by the Court.
On the other hand, Ld. Chief Prosecutor for the
State has vehemently opposed the bail application by stating that
both the applicants are habitual offenders and they are involved
in more than 15 criminal cases and granting bail to any of the
applicants would be travesty of the justice as the case is at its
initial stage as the charges are yet to be framed and it is prayed
that bail applications of the applicants shall be dismissed.
I have heard and considered the rival submissions.
As per the case of the prosecution, on 21.10.2022,
the complainant Ishwardin Mishra was carrying 23 ceiling fans
and some copper wires from Haryana Electric Store, Bhagirath
place to Nagafgarh by his rickshaw and when he crossed Gulabi
Bagh red light, he got unconscious and in the morning hours of
22.10.2022, he regained consciousness and found that his
rickshaw containing the above-said ceiling fans alongwith his
mobile phone were stolen and in consonance of the same, the
present FIR has been registered.
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Perusal of reply of IO shows that after registration of
FIR, the investigation has been carried out and CCTV footage of
the said area was checked as per the complaint filed by the
complainant in the concerned PS and applicant/accused Pawan @
Tedha was correctly identified during the TIP proceedings by the
complainant, being the one who offered the complainant laddu on
Roshanara road and applicant/accused Kamal Singh @ Langa
was also identified by the complainant, being the one, who drove
the scooty used in the stealing of the rickshaw and other items of
the complainant and also in touch with other co-accused persons
and the alleged scooty was recovered from the possession of
applicant Kamal Singh @ Langda and also Valium 5 mg
Diazepam was also recovered at the instance of the applicant and
the said intoxicating substance was used to unconscious the
complainant to serve their purpose.
Perusal of reply further shows that applicant Kamal
Singh @ Langda was also found near the scene of the incident
and in regular contact with co-accused persons as per the
analization of the CDR footages and that both the applicants are
habitual offenders.
Considering the facts and circumstances of the
present case coupled with the fact that the case is at its initial
stage and the charges are yet to be framed against the applicants
and testimony of the complainant, the material witness of the
prosecution, is yet to be recorded and due weightage is also given
to the fact that both the applicants are involved in as many as 17
criminal cases of similar nature, therefore, I find no reason to
grant bail to the applicants at this stage of proceedings.
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As far as the ground of parity with co-accused
Gaurav @ Haddi is concerned, the same is declined on the
ground that the present applicants are involved in many criminal
activities and releasing the applicant at this stage may give him
an opportunity to flee away from the clutches of justice and the
same cannot be ruled out. Accordingly, the applications in hand
stand dismissed and disposed off.
Copy of this order be given dasti to Ld. LAC for
applicants and one copy of the same be sent to concerned Jail
Superintendent for intimation of applicant/accused.
(Sunil Kumar)
Special Judge (NDPS)
(Central) Tis Hazari Courts
Delhi/19.07.2023
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