Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DR. HARDEEP KAUR,
ADDITIONAL SESSIONS JUDGE-02, NEW DELHI
DISTRICT, PATIALA HOUSE COURTS, NEW DELHI.
Bail Application No. 595/2024
FIR No. 126/2024
P.S Vasant Kunj South
U/s 356/379/34 IPC
State v. Arun Kumar
ORDER
1. By this order, this Court shall dispose of application of
applicant/ accused Arun Kumar under Section 439 Cr.P.C. seeking
regular bail.
2. Reply to the present application has already been
filed by the IO. Copy already supplied.
3. It is submitted that applicant/accused has been
falsely implicated in the present case as he has nothing to do with
the alleged offence. It is further submitted that only role of the
applicant/accused is that on the date of alleged incident,
applicant/accused alongwith his friend Sarfaraz was coming from
the market and in the mid way, co-accused Himanshu took lift
from him and on their way to home, co-accused Himanshu
snatched the mobile phone from the daughter of the complainant.
4. It is further submitted that applicant/accused is
having clean antecedents; he is working in Nyka for last six years
and he is sole bread earner in his family comprising of wife and
aged mother. It is further submitted that applicant/accused is
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ready to cooperate with the IO as and when called for and he is
ready to abide by any term or condition imposed by this Court
while granting him bail.
5. Ld. Addl. PP has vehemently opposed the bail
application on the ground that applicant/accused alongwith his
associates snatched the mobile phone of the daughter of the
complainant. It is submitted that the bike bearing registration no.
DL 9S BX 3009 used in the crime belongs to applicant/accused
Arun Kumar. It is further submitted that there is CCTV footage
showing all three accused persons committing the act and all
three accused persons have been duly identified by the
complainant and his daughter. It is further submitted that if
applicant/accused is granted bail, there is every likelihood that he
may threat or harm the victim.
6. Submissions heard. Record perused.
7. In the instant matter, recovery of mobile phone has
already been effected and charge-sheet has already been filed in
the court concerned. Applicant/accused is in j.c since 01.03.2024.
Case is at initial stage and conclusion of trial may take long time,
hence, no purpose would be served by keeping him in judicial
custody.
8. Considering the totality of facts and circumstances,
applicant/accused Arun Kumar is admitted to bail on his
furnishing bail bond in the sum of Rs.25,000/- with one surety in
the like amount subject to the satisfaction of Ld. MM/ Duty
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MM/Link MM and also subject to the following conditions :-
(i) Applicant/ accused shall not, directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of the case including complainant
and victim so as to dissuade him/ her from disclosing such
facts to the Court or to any police officer and shall not
tamper with evidence;
(ii) Applicant/ accused shall not commit an offence
similar to the offence of which he is accused.
Application is disposed of accordingly.
Copy of this order be given dasti.
(Dr. Hardeep Kaur)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
16.05.2024
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