Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Matters 2165-2025
DELHI Vs. MD MOMIN
FIR No. 31/2022
PS Railway Sarai Rohilla
U/s 392 IPC & 147/179 Indian Railway Act
21.11.2025
This is an application u/s 483 of Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023 for grant
of bail filed on behalf of applicant /accused.
No bail application has been reported to be pending before any other court or before Hon'ble
High Court of Delhi.
Present : Sh. Ghanshyam Srivastava, Ld. Addl. PP for the State.
Sh. Jitendra Kumar Tyagi and Yogi Pahal Advs. (M.No.
7048959298, 9811081547), Ld. Counsels for the
applicant/ accused.
IO / ASI Surajmal (M.No. 8307400418) in person.
TCR received. Same is perused.
1. By filing the present application, applicant/ accused namely
Md. Momin is seeking regular bail on the ground that previously the
applicant/accused was on bail in the present case, passed by Ld.
JMFC Central, Tis Hazari Courts. It is further submitted that
presently the matter is at the stage of PE before the Ld. Trial Court
and the next date of hearing is 29.11.2025.
2. It is further submitted that the applicant/accused was arrested
in another matter by the police on 25.08.2025 in FIR No. 660/25, PS
Kashmiri Gate (presently applicant/accused is on bail in this matter)
and later in the present FIR No. 31/2022, PS Sarai Rohilla Railway
Station due to the non-appearance of the applicant/accused before
the Ld. Trial Court on 30.08.2025. The Ld. JMFC, Central, had
initiated proceedings u/s 82 Cr.P.C against the applicant/ accused.
3. It is further submitted that the applicant/accused has been in
custody since 25.08.2025 and therefore, could not be able to know
the proceedings of the Hon'ble Court in the present FIR and neither
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his previous counsel apprised the applicant/accused regarding the
proceedings of the present FIR.
4. It is further submitted that recently on 03.11.2025, when the
applicant/accused had come from JC to attend the proceedings
before the court of Ms. Richika Tyagi, Ld. JMFC, Central District,
Tis Hazari Courts in the matter FIR No. 020556/2025, PS
Wazirabad, in which the applicant/accused is on bail too, then for
the first time he came to know about the proceedings of the present
FIR, about the initiation of proceedings u/s 82 Cr.P.C and then the
applicant/accused has been later produced before the court of Sh.
Vaibhav Garg, Ld. JMFC on 03.11.2025.
5. It is further submitted that on 03.11.2025, Sh. Vaibhav Garg,
Ld. JMFC, Central, has cancelled the bail bonds of the
applicant/accused and taken him in JC in the present FIR and
thereafter the applicant/ accused had moved an application u/s 480
BNSS before the court of Sh. Vaibhav Garg, Ld. JMFC for grant of
bail in the present matter but unfortunately the said application was
dismissed by Ld. JMFC vide order dated 11.11.2025.
6. It is further submitted that the applicant/accused has never
intend to avoid the process of law and is willing to join the
proceedings. It is further submitted that the applicant/ accused has
no connection with the present case and has been falsely implicated
by the investigating authority. It is further submitted that the
applicant/accused is previously not convicted in any other case /
FIR. It is prayed that bail may kindly be granted to the applicant/
accused.
7. Ld. Addl. PP for the State has opposed the bail application on
the ground that on 05.10.2022, the applicant/accused had robbed the
mobile phone of lady by showing her sharp object in a slow-moving
train, running between Dayabasti Railway Station and Shakurbasti
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Railway Station and was arrested on 11.10.2022 and he refused to
conduct his judicial TIP. It is further submitted that after completion
of investigation charge-sheet was filed on 01.12.2022 and during
trial, the applicant/accused was granted bail by the Ld. Trial Court.
It is further submitted that the applicant/accused did not appear
before the Ld. Trial Court despite service of summons and on
15.01.2025 his B/W was received back executed but he did not
appear before the Ld. Trial Court. It is further submitted that on
03.07.2025, the applicant/accused was not found at his residence
due to which his NBW could not be executed and process u/s 82
Cr.P.C was initiated against him by the Ld. Trial Court.
8. It is further submitted that the applicant/accused is a habitual
offender and found involved in many cases of robbery, snatching,
theft and Arms Act i.e. FIR No. 25/21 u/s 392/411/34 IPC & 25
Arms Act, PS Sarai Rohilla; FIR No. 498/21, u/s 25/54/59 Arms
Act, PS Moti Nagar; FIR No. 964/21, u/s 356/379/411 IPC, PS Sarai
Rohilla; FIR No. 034415/21 u/s 379/411 IPC PS DBG Road; and
FIR No. 660/25 u/s 25/54/59 Arms Act, PS Kashmiri Gate.
9. It is further submitted that during the process u/s 82 Cr.P.C,
the applicant/accused was found running in JC in FIR No. 660/25,
PS Kashmere Gate. It is further submitted that the applicant/
accused is a habitual offender and could easily jump the bail and
again commit the crime. It is prayed that bail application may
kindly be dismissed.
10. I have heard the submissions made by the Ld. Addl. PP for
the State and Ld. Counsel for the applicant / accused.
11. Keeping in view the previous conduct of the
applicant/accused, as he has failed to participate in the trial due to
which delay has been caused, no proper explanation has been given
for non-appearance of the applicant/accused inbetween 26.09.2023
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to 25.08.2025 (when the applicant/accused has been reported to be
arrested in case FIR No. 660/25, PS Kashmere Gate) and next date
of hearing is fixed for 29.11.2025 for examination of the
complainant, as such, I am not inclined to grant bail to the
applicant/accused at this stage.
12. Accordingly, the present application u/s 483 of BNSS for
regular bail qua the applicant/accused stands dismissed.
13. It is clarified herein that the observations made in the
present order are only limited for the purpose of deciding the
present application of the applicant/ accused herein and would
have no bearing on the factual matrix of the present case.
14. A copy of this order be given
dasti.
15. Let the TCR be sent back to the Ld. Trial Court.
(Rakesh Kumar-IV)
ASJ ( Electricity ) - 01,
Central/Tis Hazari Courts/Extn. Block/
Delhi/21.11.2025 (ts)
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