Order 14

Order Details: COPY OF ORDER
Pdf Text: FIR No.: 13/2026 Page No. 1 of 7
State Vs. Ali Hussain @ Sonu @ Pichha
CNR No.: DLCT01-010694-2026
SC No.: 685/2026
I.A. No. 01/26 dated 21.07.2026
FIR No.: 13/2026
Under Sections: 309(4)/309(6)/311/317(2)/95/3(5) BNS
P.S.: Sarai Rohilla Railway Station
19.09.2026
Present : Mr. Amit Dabas, Ld. Addl. PP for the State.
Mr. Pankaj Kumar, Ld. Counsel for the accused,
namely, Ali Hussain @ Sonu @ Pichha.
Accused Ali Hussain @ Sonu @ Pichha has been
produced from judicial custody.
O R D E R
1. The present third regular bail application bearing
I.A. No. 01/26 dated 21.07.2026 has been moved on behalf of the
applicant/accused Ali Hussain @ Sonu @ Pichha under Section
439 Cr.P.C./now Section 483 BNSS.
2. Notice on the aforesaid application was issued to the
State and the IO.
3. Reply undated was placed before this Court on behalf
of ASI Dudh Nath, PS Sarai Rohilla Railway Station, Delhi.
4. At the outset, Ld. Counsel for applicant/accused
submitted that no bail application regular or interim was pending
before any other competent Court/Hon’ble Delhi High
Court/Hon’ble Supreme Court of India.
5. Ld. Counsel for applicant/accused submitted that
applicant/accused has been falsely implicated in the present case
FIR bearing No. 13/26 dated 13.03.2026, PS Sarai Rohilla
Railway Station. Ld. Counsel submitted that chargesheet in the
present matter stands filed and accused has been languishing
behind bars since 14.03.2026. Ld. Counsel submitted that TIP of
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FIR No.: 13/2026 Page No. 2 of 7
the applicant/accused was unsuccessful as complainant did not
identify the applicant/accused during TIP on 09.04.2026. Ld.
Counsel submitted that there is no CCTV footage of the alleged
incident and the applicant/accused has been arrested only on the
basis of disclosure statement of CCL ‘D’. Ld. Counsel submitted
that even otherwise,
vide order on charge dated 05.08.2026, it has
been found that
prima facie there was material on record to frame
charge against applicant/accused only under Section 317 (2)
BNS. Ld. Counsel submitted that the maximum punishment
prescribed for the said provision is three years and out of which
accused has already spent more than six months. Accordingly, Ld.
Counsel prayed that the present application be allowed, and that
the applicant/accused be released on bail. Ld. Counsel submitted
that applicant/accused shall abide by any term and condition,
which this Court may prescribe.
6. On the contrary, Ld. Addl. PP for the State opposed
the present application,
inter alia, on the ground that
applicant/accused is a habitual offender. Ld. Addl. PP for the State
submitted that several FIRs have been lodged against the
applicant/accused and in case applicant/accused is enlarged on
bail, he may influence the witnesses and may have serious
implication on public safety especially railway passengers. Ld.
Addl. PP for the State submitted that as per reply furnished by the
IO, applicant/accused is an active member of an organized
criminal gang, namely,
Picha gang which is involved in repeated
robberies/snatching at railway stations and surrounding areas. Ld.
Addl. PP for the State submitted that recovery has also been
effected in the present case
i.e. Rs.700/-, PAN Card, knife used
during committal of crime, bag and other articles. Ld. Addl. PP for
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FIR No.: 13/2026 Page No. 3 of 7
the State submitted that therefore, applicant/accused may not be
enlarged on bail.
7. This Court has heard the prosecution as well as the
Defence and also gone through the records.
8. At the outset, this Court finds that in the present
matter, FIR bearing No. 13/26 dated 13.03.2026 was lodged at
PS Sarai Rohilla Station under Section 309(4)/309(6)/311/3(5)
BNS. As per chargesheet, on 13.03.2026, DD No. 5A was
received regarding complaint of snatching by showing a knife.
Briefly stated, as per chargesheet, complainant, namely, Krishan
Kumar stated that on 03.03.2026 (the date seems to be an apparent
inadvertent error as the date of incident is 13.03.2026
vide DD
No. 5A and also as per MLC of complainant of Jeevan Mala
Hospital), he was travelling
via Patalkot Express. When Patalkot
Express train was moving, he was standing near the wash basin
which was near the door of the train and washing his face and it
was around 04:30 a.m. in the morning. When train reached at
around Rampura underpass, Keshav Puram, at that time, two
unknown boys hopped on to the moving train and went inside.
After some time, both the boys returned near the gate of the train
and suddenly pulled the bag which he was carrying on his back and
started to de-board the train. Since the bag was on his back
firmly, the bag did not come out and thus complainant also fell
down on to the tracks and due to which he got severely injured.
In that commotion, the unknown boys forcefully snatched his bag
away which contained several important documents such as his
Aadhar Card, PAN Card, bike RC, Car RC etc. Complainant stated
that thereafter, he tried to catch the train. After moving for around
25-30 feet, other boys who were already standing there came for
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FIR No.: 13/2026 Page No. 4 of 7
the complainant and caught hold of him. Thereafter, one of them
grabbed the complainant by his collar, the second boy/person
pinned him down and in the meanwhile a third boy/person who had
a knife in his hand snatched cash of Rs.40,000/- which the
complainant was carrying. Thereafter, complainant called the
police.
9. As per chargesheet, site plan was prepared at the
instance of complainant. Subsequently, CCL ‘D’ was apprehended
and he got recovered a knife which was used at the time of incident
in question. The said knife was seized and sketch of knife was
prepared. Thereafter, during investigation CCL ‘D’ disclosed the
name of his associate Ali Hussain
i.e. present applicant/accused.
Subsequently, Ali Hussain was interrogated and he confessed to
the crime in question. Ali Hussain was arrested and sent to J.C. on
14.03.2026. Subsequently, TIP proceedings were got conducted
on 09.04.2026, however, complainant did not identify Ali Hussain
to be involved. As per chargesheet, thereafter, supplementary
statement of complainant was recorded by the IO and complainant
stated that when he saw ten criminals who all were staring at him,
he became anxious. Complainant stated that out of nervousness,
he was not able to identify Ali Hussain
i.e. applicant/accused.
Thereafter, on 18.04.2026, on P.C. remand, applicant/accused got
recovered a red colour bag from a damaged railway quarter nearby
Daya Basti Railway Station Platform No. 1. From the said bag,
Aadhar Card of the complainant and other documents were
recovered. Further, several other documents of other victims were
also recovered at the instance of applicant/accused.
As per nominal roll of applicant/accused, at least six FIRs have
also been lodged against the applicant/accused herein.
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FIR No.: 13/2026 Page No. 5 of 7
10. This Court finds that
vide order dated 10.04.2026
passed by Ld. JMFC-11, Central, Tis Hazari Courts, Delhi, first
regular bail application of applicant/accused was dismissed.
Thereafter,
vide order dated 04.05.2026, second regular bail
application of applicant/accused was dismissed by the Court of
Ld. ASJ-02, Central, Tis Hazari Courts, Delhi (On top of order
dated 04.05.2026, it was mentioned as third bail application.
However, Ld Counsel for accused stated that that was second bail
application and not third.)
11. It is relevant to quote relevant portion of order dated
04.05.2026 herein:
“……Perusal of the reply filed by the IO reveals
that present FIR was registered for offence u/s
309(4)/309(6)/311/317/3(5) BNS, offence is grave in
nature as complainant was thrown from a moving
train, thereby putting his life in danger. It further
reveals that applicant is an active memeber and
operator of an organised criminal gang namely “Picha
Gang” which is involved in committing repeated
offences of robbery/snatching in railway areas by
targeting passengers of slow moving trains. It further
reveals that modus oerandi is highly dangerous as they
used deadly weapons, used juveniles to evade strict
punishments and pull victims from running trains. It
further reveals that part case property has been
recovered at the instance of applicant, he is a habitual
offender having seven previous involvements and
there is apprehension that applicant will indulge in
similar criminal activity, may also temper with the
evidence and extend threat to the witnesses on being
released.
In view of aforesaid facts and circumstances,
considering gravity of the offence, seriousness of
allegations levelled against the accused, fact that
investigation is at initial stage, charge sheet is yet to
be filed, material witnesses are yet to be examined,
recovery of case property from the possession of the
applicant, previous involvement of applicant and
apprehension that applicant will indulge in similar
criminal activity, may also temper with the evidence
and extend threat to the witnesses on being released
and finding force in the submissions made by Ld. APP
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FIR No.: 13/2026 Page No. 6 of 7
for the State and reply of IO, this court is not inclined
to release the applicant Ali Hussain on bail at this
stage.
Accordingly, the present bail application of
accused Ali Hussain stands dismissed and disposed
of....”
12. When order of 04.05.2026 was passed, at that time,
chargesheet had not been filed. As of now, chargesheet has been
filed and vide order on charge dated 05.08.2026,
prima facie
material has been found against the applicant/accused to frame
charge under Section 317(2) BNS. There are serious allegations
against the applicant/accused that he is part of a gang that
repeatedly targets railway passengers. In the present case also, it
has been alleged that applicant/accused along with his other
associates pulled the bag from the complainant such that
complainant was thrown out of the moving train on to the tracks.
While it is trite that in the TIP, complainant did not identify
applicant/accused, however, subsequently, in his supplementary
statement recorded by the IO, complainant stated that he had
become nervous and anxious at the time of TIP. Considering the
seriousness of allegations, this Court is of the opinion that it is
expedient that evidence of complainant is recorded before Court at
first and accordingly, the present regular bail application is
dismissed.
13. Accused is stated to have spent around six months
behind bars as of now and the maximum punishment under Sec.
317(2) BNS is three years. Since the matter is triable by Ld. JMFC,
accordingly,
vide separate ordersheet of today, matter has been
remanded back to the Ld. Concerned JMFC, through Ld. Principal
District & Sessions Judge (Headquarters). Ld. JMFC shall try and
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FIR No.: 13/2026 Page No. 7 of 7
record the evidence of complainant at the earliest and keep in mind
the provision
i.e. Section 479 BNSS.
14. The present third regular bail application bearing I.A.
No. 01/26 dated 21.07.2026 moved on behalf of the
applicant/accused Ali Hussain @ Sonu @ Pichha under Section
439 Cr.P.C./now Section 483 BNSS is disposed off, in above
terms.
15. A copy of the present order be given
dasti to the Ld.
Counsel for the applicant/accused, namely, Ali Hussain @ Sonu
@ Pichha as well as the IO.
16. Further, a copy of this order be sent to the concerned
Jail Superintendent with the direction to hand over a copy of order
to the applicant/accused.
Ankit Mehta
ASJ-03, Central District,
Tis Hazari Courts, Delhi
19.09.2026
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