Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application no. 1205/24; FIR no.171/24, PS R. K. Puram
State Vs. Khus Yadav @ Kush Kumar
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI.
Bail Application no.1205/24; FIR no.171/24
State Vs. Khus Yadav @ Kush Kumar
PS: R. K.Puram
Under Section: 279/186/332/353/392/394/34 IPC
13.08.2024
Present: Sh. Mukul Kumar, Ld. Addl. PP for the State.
Ms. Divya Tomar, Ld.counsel for the applicant/accused.
IO/SI Vinay in person.
This is the bail application under Section 439 Cr. PC moved on
behalf of applicant/accused Khus Yadav @ Kush Kumar for grant of regular bail.
Reply to the bail application filed.
Arguments heard. Record perused.
It is submitted byLd.counsel for the applicant/accused that the
applicant has been falsely implicated in the present case. That the applicant is
sole bread earner of the family as his parents are medically unfit. That the
applicant/accused is also medically unfit. That the recovery has already been
effected and no place or time of arrest has been mentioned in the FIR. That the
other accused had given statement against the applicant due to his personal
enmity. That the investigation qua the applicant/accused is already complete and
the judicial custody of the applicant/accused is not going to serve any useful
purpose. It is prayed that the applicant/accused may 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 investigation is at the crucial stage.
I have carefully perused the record and considered the submissions
made on behalf of applicant/accused and Ld. Addl. PP for the state.
The allegations in brief against the applicant/accused are that he
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Bail Application no. 1205/24; FIR no.171/24, PS R. K. Puram
State Vs. Khus Yadav @ Kush Kumar
alongwith other accused persons robbed a TSR driver at night, and when the
police officials tried to stop/block the auto rickshaw by their car, the accused
persons hit the official car with the auto, causing it to overturn and causing
injuries to two police officials.
The allegations against the applicant/accused are grave and
serious. Incriminating recovery of Rs.60/- and RC of auto rickshwa is stated to
be recovered from the applicant/accused. The material collected by the
investigating agency is sufficient enough to establish the involvement of the
applicant/accused in the present case. Other accused is absconding and
investigation is at the initial/crucial stage. The release of the applicant/accused at
this crucial stage may hamper the fair investigation and trial. In view of facts and
circumstances of the case, I am of the considered opinion that it is not a fit case
for grant of bail. Accordingly the bail application under Section 439 Cr. PC
moved on behalf of applicant/accused Khus Yadav @ Kush Kumar.
Application stands disposed off accordingly.
Copy of this order be given dasti to Ld. Counsel for
applicant/accused and be also communicated to the applicant/accused through
Jail Superintendent concerned.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
PHC, New Delhi/13.08.2024
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