Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application no.281/23
FIR no.544/22: PS Kishan Garh
Under Section: 380/457/411 IPC
State Vs. Siddharth Mehrotra
13.02.2023
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh.Pramod Tyagi, Ld.counsel for the applicant/accused
Siddharth Mehrotra.
IO/SI Amar Singh in person.
This is the bail application under Section 439 Cr. PC moved
on behalf of applicant/accused Siddharth Mehrotra.
Reply to the bail application by investigating officer filed.
Arguments heard. Record perused.
The present case regarding night burglary of the gold articles
and cash of Rs.5 lakhs was registered on the complaint of Sh. Amitabh
Gupta. During the course of investigation chance prints were lifted from
the spot and CCTV footage was analyzed. The applicant/accused was seen
in the CCTV footage of alleged theft and finger prints of the
applicant/accused also matched with the chance prints. Accordingly the
applicant/accused was arrested in the present case and on the instance of
applicant/accused stolen gold articles and cash amounting to Rs.3,14,500/-
were recovered at the instance of the applicant/accused. The
applicant/accused also disclosed to have purchased one Kia Seltos car by
selling the stolen articles, which was also seized in the present case.
It s submitted by Ld.counsel for the applicant/accused that the
applicant has been falsely implicated in the present case and he is in JC
since 18.11.2022. that investigation is already complete and charge sheet
has already been filed. That the applicant/accused has nothing to do with
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2.
Bail Application no.281/23
FIR no.544/22: PS Kishan Garh
Under Section: 380/457/411 IPC
State Vs. Siddharth Mehrotra
the alleged offence and nothing has been recovered from or at the instance
of the applicant/accused. That since the investigation is already complete
and recovery has already been effected, no useful purpose is going to be
served by keeping the applicant/accused further in JC. It is prayed that the
applicant/accused may kindly be enlarged on bail.
On the other hand bail application is strongly opposed by
Ld.Addl. PP for the state. It is argued that the applicant/accused is a
habitual offender involved in 24 other theft cases and he may repeat the
offence, if enlarged on bail. It is requested that the bail application may
kindly be dismissed.
The applicant/accused is in JC since 17.11.2022. Recovery of
stolen gold articles has already been effected. Investigation qua the
applicant/accused is already complete and charge sheet has already been
filed. Trial is going to take long time and no useful purpose is going to be
served by keeping the applicant/accused further in JC. Considering the
facts and circumstances of the case, the applicant/accused Siddharth
Mehrotra is admitted to bail on furnishing bail bond in the sum of
Rs.30,000/- with one surety in the like amount to the satisfaction of Ld.
CMM/MM/Link MM/Duty MM and subject to the following conditions:
(a) The applicant/accused shall furnish to the
Investigating Officer/ S.H.O., a cell phone number on which the
applicant may be contacted at any time and shall ensure that the
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3.
Bail Application no.281/23
FIR no.544/22: PS Kishan Garh
Under Section: 380/457/411 IPC
State Vs. Siddharth Mehrotra
number is kept active and switched-on at all times;
(b) The applicant/accused shall not tamper with evidence
nor otherwise indulge in any act or omission that is unlawful or that
would prejudice the proceedings in the pending matter;
(c) The applicant/accused shall not leave the country
without prior permission of the court.
With these observations the bail application moved on behalf
of applicant/accused Siddharth Mehrotra is disposed off.
Copy of this order be given dasti to Ld. Counsel for
applicant/accused and in compliance of Sanjay Singh Vs. State (Govt. of
NCT of Delhi), Writ Petition Criminal no. 974/22, copy of this order be
also sent to the concerned Jail Superintendent to convey the order to the
inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
13.02.2023
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