Order 3

Order Details: COPY OF ORDER
Pdf Text: SC No. 2/20
State Vs. Kasim Ansari & Ors.
FIR No. 300/19
PS: Naraina
U/s. 395/397/411/412/34/120B IPC
& Sec. 25/54/59 Arms Act
07.02.2020
File taken up today on the bail application filed under Section
439 Cr. PC on behalf of accused Mamoon Ali for grant of bail.
Present: Sh. S.K. Kain, Additional PP for the State.
Sh. Sandeep Mandar, Advocate for accused Mamoon Ali.
Reply to bail application has already been filed.
Arguments heard on the bail application from the learned
defence counsel as also from the learned Additional PP.
It has been argued by the learned defence counsel that
applicant is innocent; he has nothing to do with the present case and has
been falsely implicated.
It is submitted that applicant was lifted from his house by the
police of PS Naraina on the basis of disclosure statements of the other co
accused and that applicant is not a previous convict; investigation qua him
is already complete; charge sheet has already been filed; his custodial
interrogation is not required and therefore no purpose would be served by
keeping him behind the bars.
It is also stated that coaccused Bal Kishan, who is identical
placed, has already been enlarged on bail by the court of learned ASJ vide
order dated 18.12.2019 and that the applicant is in custody since
07.09.2019.
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It is submitted that applicant is ready to abide by all the terms
and conditions so imposed by the court and also undertakes to furnish
sound surety as per the directions of the court. It is therefore prayed that
the applicant be granted bail.
Per contra, the bail application has been vehemently opposed
by the learned Additional PP arguing that applicant is involved in a serious
offence and the allegations against him are grave in nature.
It is submitted that the applicant along with his coaccused
persons, during the broad day light, in an open show of force, had
committed house trespass and committed armed robbery, in fact dacoity in
pursuance of the conspiracy, and that the stolen jewellery was allegedly
sold toaccused Bal Kishan through the present applicant and a sum of Rs.
50,000/, which was received on sale of the stolen jewellery, was
recovered from the possession of the present applicant.
It is also submitted that complainant is yet to be examined and
the possibility that applicant on being released on bail, may threaten or
intimidate the complainant and other witnesses; hamper the investigation
and tamper with the evidence; cannot be ruled out.
During the course of proceedings, on a query raised by the
court, it was specifically admitted that the present applicant Mamoon Alii
was not physically present at the spot where the alleged offence had
taken place. He is also not seen in the CCTV footage of the alleged
incident collected during the course of investigation, and that his role is
limited to the extent that he only facilitated the sale of stolen articles to co
accused Bal Kishan. It was also fairly conceded that coaccused Bal
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Kishan has already been granted bail by the learned Sessions Court.
Considering the totality of facts and circumstances; the
allegations against him and the role played by him as also the fact that
similarly placed coaccused namely Bal Kishan has already been enlarged
on bail, on the ground of parity, the present applicant Mamoon Ali is also
admitted to bail on his furnishing a personal bond in the sum of Rs.
30,000/ with one local surety of the like amount to the satisfaction of the
court with the conditions:
I) that he shall not try to contact, threaten or intimidate the
complainant and the other witnesses;
ii) that he shall not hamper the investigation or tamper with the
evidence;
iii) that he shall not leave the country without the prior permission
of the court;
iv) that he shall furnish his mobile/contact number to the IO and
change of address, if any, by the him during trial of the case, shall also be
intimated to the IO.
Copy of the order be given dasti as prayed.
(Anil Antil)
Addl. Sessions Judge04,
New Delhi District, Patiala House Courts
New Delhi/07.02.2020
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