Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application No.66/2021
Sandeep Singh Vs. State
FIR No.299/2020
PS. IGI Airport
U/s 419/420/468/471 IPC & 12 of PP Act
08.01.2021
Vide order nos.1273212782/Judl./Prin.D&SJ/NDD/2020 dated 29.09.2020, 83368448/JUDL/D&SJ/PHC/NDD dt.
27.08.2020, 58375927/D&SJ/NDD/2020 dt. 30.05.2020 & 59316023/D&SJ/NDD/2020 dated 01.06.2020 of Ld. District & Sessions
Judge, Patiala House Court, New Delhi District, New Delhi, the undersigned has been deputed for duty today in pursuance to the
directions of Hon’ble High Court of Delhi vide order no.R1347/DHC/2020 dated 29.05.2020 and in continuation of the previous
office order nos.42434333/D&SJ/NDD/2020 dated 01.04.2020, 44074426/D&SJ/NDD/2020 dated 10.04.2020, 4518
4608/D&SJ/NDD/2020 dated 15.04.2020, 51115200/D&SJ/NDD/2020 dated 03.05.2020, 63646454/D&SJ/NDD/2020 dated
16.05.2020, 63266415/D& SJ/NDD/2020 dated 15.06.2020, 19772009/DHC/2020 dated 30.07.2020, 323355/RG/DHC/2020 dated
15.08.2020, 419451/RG/DHC/2020 dated 27.08.2020, 1048510575/Judl.Prin.D& SJ/NDD/2020 dt. 27.10.2020, 417/DHC/2020 and e
mail dt.20.09.2020 of the Hon’ble High Court of Delhi to combat the pandemic of Covid19.
Present: Sh. Irfan Ahmed, Ld. Spl. PP for the State.
Sh. Mohan Kumar, Ld. Counsel for applicant/accused through
video conferencing.
Proceedings done through video conferencing.
It is certified that link was working properly and no grievance was
agitated by either of the counsel in this regard.
Present is an application U/s 439 Cr.P.C moved on behalf of
applicant/accused seeking grant of bail. It is submitted that applicant/accused has
been falsely implicated in the present case and is in J/C since 20.12.2020. It is
submitted that he has not committed any offence alleged in the instant case as
he is the victim of the situation and not the offender. It is submitted that
applicant/accused was a passenger and fooled by the agent who took benefit of
the innocence of the applicant/accused and provided him someone else's
passport to travel out of India. It is submitted that applicant/accused went to
Romania on the said passport without knowing that he is traveling on somebody
else's passport issued in the name of Mandeep Singh Lehal. It is submitted that
after reaching Romania, applicant/accused met the sub-agent who took him to
some place and took away the passport, when the applicant/accused confronted
where his passport is, the sub-agent abused him and took all his money. It is
further submitted that applicant/accused is no more required for any further
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interrogation. It is thus prayed that he may be released on bail.
On the other hand, Ld. Counsel for the complainant has
vehemently opposed the bail application on the ground that on 19.12.2020 one
Indian pax i.e applicant/accused holding Indian Emergency certificate No.
X0906325 arrived as deportee from Paris by Flight No.AI-142, approached for
immigration clearance and during immigration clearance it was found that on
14.01.2009 pax departed on Indian passport No.A9117956 and arrived in India
on 19.01.2009 but no details of his further departure after 19.01.2009 from India
were found available in UCF. It is submitted that during investigation, pax
revealed that he obtained another Indian passport no.J7554602 issued in the
name of Mandeep Singh Lehal S/o Gurdeep Singh, R/o VPO Thowana,
Hoshiarpur, Punjab and departed for Romania on 23.03.2016 by flight no.SU-235
on the strength of fraudulently obtained Indian passport no. J7554602. It is further
submitted that applicant/accused has previous involvement of same modus
operandi and a case FIR No.31/2019 U/s 420/468/471 IPC and 12 PP Act, PS:IGI
Airport, Delhi has been registered against him and he was convicted in the said
case. It is further submitted that bail application of the applicant/accused has
already been dismissed by Ld. Concerned Court vide order dt. 04.01.2020. It is
further submitted that letter has been sent to RPO Jalandhar to provide the
details of his passport in the name of Sandeep Singh as well as Mandeep Singh.
It is further submitted that suspected person who are witness in his passport
enquiries are yet to be examined to ascertain their role. It is further submitted that
applicant/accused has no family member in the India and if applicant/accused is
granted bail, there is every possibility of the accused fleeing away from the
course of justice. Hence, bail application deserves to be dismissed.
Apparently, the applicant/accused is desperate to move out of the
country, probably because he has no family member residing in India. Loneliness
must have taken a toll upon the applicant/accused. Be that as it may, the only
role ascribed to the applicant/accused is that he has traveled aboard upon the
strength of fake and forged documents. His custodial interrogation is no longer
sought. Considering the period of incarceration and nature of allegations, the
applicant/accused is ordered to be released on bail on his furnishing bail bond in
sum of Rs.20,000/- with two sureties in the like amount to the satisfaction of the
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Ld. MM/ Duty MM/Link MM and subject to the following conditions:
1. That he shall not influence the fair course of trial.
2. That he shall not commit any offence of similar nature.
3. That he shall not leave the country without the permission of the
court.
4. That he shall continue to cooperate in the investigation and shall
report to the IO as and when called upon.
Application is disposed off accordingly.
Instant order be uploaded on the court website immediately.
(Dharmender Rana)
ASJ-02/NDD/PHC/ND
08.01.2021
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