Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application No.
State v. Ajay Kumar
FIR no. 0172/2021
PS Parliament Street
U/s 379/411 IPC
29.10.2021.
Present: Sh. Dharam Chand, Ld. Addl. PP for State.
IO HC Virender is present.
Sh. Sudheer Kumar, Ld. Counsel for applicant/ accused Ajay
Kumar.
This is an application u/s 439 Cr.P.C for grant of bail to the
applicant.
The brief facts as per the FIR are, that on 03.10.2021 at about
04.00 p.m, complainant alongwith his friend went to Bangla Sahib
Gurudwara. After darshan, when he went to langar hall for taking prasad
and when he went to deliver thali, one boy standing near him had stolen his
mobile phone and gave it to his associate, who fled from there.
It is submitted in the application that the applicant has been
falsely implicated in this case and is in JC since 04.10.2021. It is further
submitted that in the entire FIR, no name or description of the applicant has
been given. The applicant has been arrested on the disclosure of main
accused. The case property has already been recovered. The investigation of
the case has been completed and thus, no purpose will be served by keeping
the accused/ applicant in custody.
In the reply, it is submitted that when when the raid of the
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(Parveen Singh)
ASJ-03/NDD/PHC/29.10.2021
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house of the applicant was conducted, stolen mobile was recovered from
him and he was arrested. It is further submitted that the applicant has
previous involvements in two more cases of similar offences. Thus, there is
an apprehension that if released on bail, the applicant may indulge in
similar crime. It is further submitted that earlier, a bail application of the
applicant has been rejected by Ld. MM on 27.10.2021.
I have considered the rival submissions.
Considering the fact that the applicant has involvement in two
more cases of similar offence, I find force in the contention of ld. Addl. PP
that if released on bail, he may commit similar offence.
Considering the overall facts and circumstances, the fact that
the stolen mobile was recovered from the applicant and the previous
involvements of the applicant, I do not find it a fit case for grant of bail to
the applicant. The application at hand is accordingly dismissed.
(Parveen Singh)
ASJ03/NDD/PHC/New Delhi
29.10.2021
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(Parveen Singh)
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