Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application No. 106/2024
STATE Vs. KANNU @ NITIN
FIR No. 170 /2023
PS Mandir Marg
U/s 379/411/34 IPC
24.01.2024
This is the application u/s 439 CrPC seeking regular
bail filed on behalf of applicant/accused Kannu @ Nitin.
Presence: Sh. Inder Kumar, Ld. Substitute Addl. PP for State.
IO/ASI Sanjeev Kumar in person.
Sh. Pramod Tyagi, Ld. Counsel for
applicant/accused.
1. Reply has been filed.
2. Brief facts of the case are that:
Complainant Tarun Gupta was working as a field boy with Isha
Travel & Tour Pvt Ltd, (situated at H. No. 2372-75, Raj Guru Road,
Paharganj, Delhi). On 28.11.2023, his employer handed over
Rs.3,50,000/- cash to delivery in their another branch, which is
situated at Shop No. 5/47, Saraswati Marg, Karol Bagh, New Delhi.
At around 05:05 PM, complainant left the office on his office vehicle,
for delivery of the aforesaid amount. At around 05:15 pm, when
complainant reached near Jhandewalan Metro Station, one person told
the complainant that the chain of his bag (in which he was carrying
Rs.3,50,000/-) is open. On checking the same, complainant did not
find Rs.3,50,000/-. On the basis of these facts, present FIR has been
registered and investigation was carried out.
3. Arguments advanced from both the sides.
4. It is submitted by Ld. Counsel for applicant/accused that
applicant/accused has been falsely implicated in the present case; that
no recovery has been effected from the applicant/accused; that
applicant/accused is no more required for any custodial interrogation.
Further, Ld. Counsel for applicant submits that applicant is in custody
since 22.12.2023. Thus, request is made for grant of bail.
FIR No. 170/2023
U/s 379/411/34 IPC
PS Mandir Marg State Vs. Kannu @ Nitin Page 1/2
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5. Ld. Addl. (Substitute) PP for State assisted by Investigating
Officer has strongly opposed the present bail application.
6. I have heard the arguments from both the sides.
7. The charge-sheet in the present case has been filed. There is no
recovery from the present applicant/accused. Further, applicant is no
more required for any custodial interrogation. Lastly, co-accused
Nitesh has already been granted bail on 18.01.2024. Considering the
overall facts and circumstances of the case, applicant/accused Kannu
@ Nitin S/o Late Sh. Papu Lal, is admitted to bail on furnishing
bail bond in sum of Rs.20,000/- with one surety in the like amount,
to the satisfaction of Ld. Trial Court/Ld. CMM/Ld. Duty MM,
subject to the following conditions:-
1) Applicant/accused shall not misuse the benefit of bail by
indulging himself of similar offence in future.
2) Applicant/accused shall appear before the court on each
and every date of hearing.
3) Applicant/accused shall not try to influence/ threaten the
complainant or any other witness in the present case.
8. Copy of the order be given dasti to Ld. Counsel for
applicant/accused. One copy of the order be sent to concerned Jail
Superintendent for compliance.
(Aparna Swami)
Bail Roster Judge
ASJ-07/PHC/New Delhi
24.01.2024
FIR No. 170/2023
U/s 379/411/34 IPC
PS Mandir Marg State Vs. Kannu @ Nitin Page 2/2
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