Order 34

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC No. : 317/2023
FIR No. : 285/2022
State v. Pawan @ Tedha
PS : Gulabi Bagh
21.07.2026
Present: Sh. Alok Saxena, Ld. CPP for the State.
Sh. Deepanshu Goswami, Ld. Counsel for
accused/applicant Pawan @ Tedha.
Notice issued to the IO is received back duly served
but she has sent a request for exemption.
Arguments heard.
Put up for orders at 4:00 pm.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
21.07.2026
Order:
This order shall dispose of fourth application for bail
u/s 483 BNSS filed on behalf of accused/applicant Pawan @
Tedha. The application is contested by the prosecution.
Ld. Counsel for the accused/applicant submitted that
he has been falsely implicated; he is in judicial custody since
31.10.2022; co-accused Gaurav @ Haddi is on bail since
29.03.2023; the complainant has failed to identify the accused in
the Court; other eye witnesses of the incident have also not
supported the prosecution case; the trial is being proceeded at a
very slow pace and it will take a long time to concluded. Hence,
he be granted concession of bail.
Ld. CPP for the State, on the other hand, submitted
that the allegations against the accused/applicant are grave and
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serious in nature and thus, the bail application is liable to be
dismissed.
I have considered the rival submissions and have
gone through the case file.
The present FIR was registered on the complaint of
complainant Ishwar Din Mishra who informed the police that on
21.10.2022 at about 7:00 pm when he was carrying 23 ceiling
fans in his rickshaw, on the way he became dizzy and found
himself lying in grass the next day. He further informed that his
rickshaw and all the ceiling fans were stolen. On 26.10.2022, the
complainant Ishwar Din Mishra again went to the police station
and informed that while he was going to deliver the ceiling fans
at Najafgarh, on the way, one person was distributing ladoo at
Roshanara road; he ate a ladoo after which he started feeling
dizzy. When he reached Zakhira underpass, a boy came and
started assisting him in pushing the rickshaw; thereafter, the said
boy asked him to rest for sometime. The said boy was taking to
two another persons who were on scooty. When the complainant
Ishar Din Mishra started getting unconscious, two persons on the
scooty went away whereas the boy who assisted him in pushing
the rickshaw took away his rickshaw.
During investigation, CCTV footage was checked
which confirmed the complainant’s version. Registration number
of the scooty used in the commission of the offence was
ascertained; it was found to be registered in the name of Satish;
search was made at the registered address of the scooty where the
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scooty was found parked in front of a nearby house; on making
inquiries, house of the scooty owner was ascertained and co-
accused Kamal Singh @ Langda was found present there; he
disclosed about the involvement of co-accused Gaurav @ Haddi
as well as accused/applicant Pawan @ Tedha. During
interrogation, accused persons showed the route taken by them to
follow the complainant, they also showed the place where
intoxicated laddu was given to the complainant, place where
stolen goods were sold and the medical store from where
medicine used to intoxicate the complainant was purchased.
Raju, to whom the stolen goods were sold could not be traced.
As per the prosecution case, the complainant
identified accused/applicant Pawan @ Tedha as the person who
had given him the laddu; accused/applicant Pawan @ Tedha was
identified by the complainant in TIP proceedings.
During investigation, CCTV footage was sent to
FSL; the medicine recovered was also sent to FSL for opinion
and CDRs of the accused persons was being obtained for
ascertaining their location. Supplementary charge-sheet with
respect to these aspects is yet to be filed.
In his testimony before the Court as PW1,
complainant Ishwardin Mishra gave a detailed account of the
incident. He even deposed that initially, police had not recorded
his complaint but suspecting him to have stolen the goods, had
given beatings to him and had kept him in custody for 2-3 days.
Only after checking the CCTV footage, the police officials
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believed his version and during investigation, though he was not
able to identify any of the assailants, he was made to identify
them in the TIP proceedings by the police after he was shown
their photographs.
No doubt, the complainant Ishwardin Mishra did not
identify any of the accused persons as the assailants in the court
and even deposed that he had identified them in TIP proceedings
only at the instance of the police, however, it cannot be lost sight
of that the complainant is a poor rickshaw puller who was robbed
of the goods after being put under the influence of some
intoxicating substance. The witness has truthfully deposed about
the facts before the court. Even though, he has not identified any
of the accused persons in the court, the identity and involvement
of the accused persons was revealed after registration number of
the scooty used in the commission of the offence was ascertained
with the help of CCTV footage. As per the prosecution case, in
the CCTV footage, the accused/applicant Pawan @ Tedha was
seen with other accused persons; he was seen directing co-
accused Gaurav @ Haddi to take away the loaded rickshaw of
the complainant; he was further seen following co-accused
Gaurav @ Haddi while he was taking away the loaded rickshaw.
The allegations against accused/applicant Pawan @
Tedha are grave and serious in nature; several other prosecution
witnesses are yet to be examined; the accused/applicant Pawan
@ Tedha is involved in several other cases of like nature
including several offences u/s 328 IPC.
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In these circumstances, the possibility of his
repeating the offence cannot be ruled out.
Considering the nature and gravity of the offence, I
do not consider it to be fit case for grant of bail. The bail
application is accordingly dismissed.
Nothing contained in this order shall have any
bearing on the merits of the case.
Copy of the order be given dasti to Ld. Counsel for
accused/applicant.
Copy of the order be sent to jail.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
21.07.2026
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