Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application no. 445/24; FIR no. 77/23, PS Tilak Marg(Crime Branch)
State Vs. Irfan @ Kallu
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI.
Bail application no.445/24; FIR no.77/23
PS Tilak Marg(Crime Branch)
State Vs. Irfan @ Kallu
Under Section: 395/397/468/471/482/120B/34/212/412 IPC
and 25/27 Arms Act
09.04.2024
Present: Sh. Mukul Kumar, Ld. Addl. PP for the State.
IO/SI Sushil in person.
Sh. Amjad Khan and Sh. Sumit Kumar, Ld.counsel for the
applicant/accused.
Reply to the bail application filed.
Arguments heard. Record perused.
This is the bail application under Section 439 Cr. PC moved
on behalf of applicant/accused Irfan @ Kallu for grant of regular bail.
It is 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 03.07.2023. That the main accused Usman @ Kalu and Supreeet @
Honey have already been granted bail and the allegations against the
applicant/accused are also identical and on the ground of parity the
applicant/accused is entitled to bail. That the investigation is already
complete and charge sheet has already been filed and the
applicant/accused is not requited for any custodial interrogation. That the
applicant belongs to respectable family and having deep roots in the
society. That no useful purpose is going to be served by keeping the
applicant/accused further in JC. It is prayed that the applicant/accused may
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Bail Application no. 445/24; FIR no. 77/23, PS Tilak Marg(Crime Branch)
State Vs. Irfan @ Kallu
kindly be enlarged on bail.
On the other hand bail application is strongly opposed on
behalf of State. It is argued that the allegations against the
applicant/accused are grave and serious and the trial has not yet
commenced.
I have considered the submissions made on behalf of
applicant/accused and Ld. Addl. PP for the state and perused the record.
The facts of the case in brief, giving rise to the registration of
present case are that on 24.06.2023 at about 3.05 PM an incident of armed
robbery took place in Pragati Maidan Tunnel wherein four armed robbers
on two motorcycles stopped an Ola Cab forcefully and robbed the
passenger businessman on gunpoint of his bag carrying around Rs.50 lacs.
During the course of investigation accused persons are
arrested. It is reported that the applicant/accused was driving splendor
motorcycle and accused Dheeraj was pillion ride on his motorcycle while
committing dacoity. The applicant/accused had played active role in the
alleged crime and he was correctly identified by the eyewitness. It is also
reported by the investigating officer that the applicant/accused has received
Rs.5 lacs as his share out of the robbed money and total Rs.4.27 lacs
(which were found containing the slip of the complainant) were recovered
from the applicant/accused.
The applicant/accused has played active role in commission
of alleged crime. Looking at the role assigned to the applicant/accused, he
does not stand at parity with co-accused already granted bail in the present
case. The allegations against the applicant/accused are grave and serious
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Bail Application no. 445/24; FIR no. 77/23, PS Tilak Marg(Crime Branch)
State Vs. Irfan @ Kallu
and the trial has not yet commenced. The release of the applicant/accused
at this crucial stage may hamper the fair trial. In view of aforesaid, no
ground for bail is made out. Application under Section 439 Cr. PC moved
on behalf of applicant/accused Irfan @ Kallu for grant of regular bail 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
inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
PHC, New Delhi/09.04.2024
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