Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail application no.328/23
FIR no.487/22: PS Vasant Kunj (North)
State Vs. Yoginder Singh
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI.
Bail Application no.328/23
eFIR no.487/22: PS Vasant Kunj(North)
Under Section: 395/411/34 IPC
State Vs.Yoginder Singh
17.02.2023.
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh. Sanjeev Malik, Ld.counsel for the applicant/accused
Yoginder Singh.
IO/SI Mukesh Kumar in person.
This is the bail application under Section 439 Cr. PC moved
on behalf of applicants/accused Yoginder Singh.
Reply to the bail application filed by investigating officer.
Arguments heard. Record perused.
Brief facts: Initially the present case was registered under
under Section 379 IPC through online mode. During inquiry statement of
the complainant was recorded wherein he alleged that on 30.12.2022, 76
cartoons containing the articles of cosmetics, ladies suits and gloves were
loaded in tempo bearing no. DL-1LAF-5315, at about 3.30 AM when he
was present at Mahipalpur bypass road near R Car cashing station, 3-4
persons with covered faces entered into the tempo and covered the driver
with a blanket. Two persons kept him grabbed and they forcefully took
tempo key and took out 76 cartoon boxes, kept them in another tempo and
sped off.
During the course of investigation applicant/accused
Yogendra Singh and Umesh were arrested and 52 cartoon boxes and the
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Bail application no.328/23
FIR no.487/22: PS Vasant Kunj (North)
State Vs. Yoginder Singh
auto wherein looted cartoons were loaded, were recovered at their
instances and they were also seen in the CCTV footage of crime.
It is argued by Ld.counsel for the applicant/accused that the
applicant has been falsely implicated and he has no concern with the
alleged crime. That the alleged recovery has been planted upon the
applicant/accused. That the investigation qua the applicant/accused is
already complete and the applicant is no more required for the purposes of
investigation. That the applicant is not flight risk. That the co-accused
persons Umesh Singh, Sanjay Kumar and Vinay Singh have already been
granted bail. It is prayed that the applicant/accused may kindly be released
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 mastermind
of the alleged offence and he does not stand at parity with the co-accused
persons already granted bail. It is prayed that the bail application may
kindly be dismissed.
The applicant/accused is stated to be main beneficiary and
mastermind of the alleged offence. Recovery of the alleged looted articles
was effected from/at the instance of the applicant/accused. The other
accused persons already granted bail by this court had loaded the alleged
articles in the other tempo on the directions of the applicant/accused.
Looking at the role of the applicant/accused, he does not stand at parity
with the accused persons already granted bail by this court.
Considering seriousness of allegations and enormity of charge
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Bail application no.328/23
FIR no.487/22: PS Vasant Kunj (North)
State Vs. Yoginder Singh
and the fact that the investigation is at the initial stage, I am of the
considered opinion that it is not a fit case allowing the
applicant/accused Yoginder Singh to be enlarged on bail. Hence, the
bail application under Section 439 Cr. PC moved on behalf of
applicant/accused Yoginder Singh is accordingly dismissed.
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
inmates.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
PHC, New Delhi/17.02.2023
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