Order 34

Order Details: COPY OF ORDER
Pdf Text: IA/08/2025
SC 340/2025
PS CRIME BRANCH
FIR NO. 287/2022
STATE V/S RAJ KUMAR @ SUNNY SISODIYA.
28.11.2025
This is an application under section 483 BNSS 2023 for grant of regular
bail moved on behalf of accused/applicant Rajkumar @ Sunny Sisodiya.
Present: Sh. Anand Bhushan Asthana, Ld. Addl. PP for the State.
Ld. Counsel for the applicant/accused.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he is a young
person of 34 years of age, falsely implicated in this case, in JC since
07.11.2025. He is the sole bread earner of his family. He was arrested on
the disclosure statement of the co-accused Pankaj Dawar, who is already
released on bail. It is further submitted that applicant was working as MTS
(Multi-Tasking Staff) at FPO, ITO, Delhi at the time of registration of the
present case and he had no authority to get the parcels cleared and the same
is highly improbable. It is further submitted that nothing incriminating has
been recovered from the possession of the applicant nor his instance. It is
further submitted that in view of the contrary FSL result and delay in filing
the chargesheet, accused persons, namely Lakshay Jaggi, Pankaj Dawar,
Vineet Pal Singh and Udit Maratha @ Ghonty were granted default bail
under Section 167(2) Cr.PC. It is further submitted that investigation has
been completed and no purpose would be served by keeping this
applicant/accused behind bars and there is no apprehension of his fleeing
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from justice. Applicant/accused is even ready to furnish the sound surety, if
he is released on bail and he is ready to abide with any condition imposed
by the court.
ARGUMENTS ON BEHALF OF STATE
2. On the other hand, Ld. Addl. PP for the State has vehemently
opposed the bail application stating that the allegations levelled against the
applicant/accused are serious in nature. Investigation is at the nascent
stage. During investigation, the accused Pankaj Dawar disclosed that he
was the source of these contraband and with the help of Udit Maratha,
ordered contraband from foreign nationals, and got the packet cleared from
FPO (Foreign Post Office) through one Raj Kumar @ Sunny Sisodiya and
the FSL result regarding the phone of the applicant is still awaited. Hence,
there is every likelihood that accused/applicant may commit further
offence of similar nature, if he be released on bail.
3. Submissions heard. Record perused.
FINDINGS/CONCLUSION
4. Accused/applicant had surrendered before the court on
07.11.2025. Investigation against the accused/applicant has already been
completed and trial shall take considerable time. The role of the applicant
is not specified. The present applicant is MTS in foreign office. The
recovery has not been effected from the applicant/accused nor his instance.
No fruitful purpose will be achieved by keeping the accused/applicant
behind bars. Our legal system is based on reformation and presumption of
innocence is already in favour of accused. Our criminal jurisprudence qua
bail is based on the principle of “bail is the rule and jail is exception”.
Nothing incriminating is on record against tha applicant except few calls
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and Whatsapp Chats, which is not substantive in nature to keep
accused/applicant in Jail. Hence, accused/applicant Rajkumar @ sunny
Sisodiya is admitted to bail subject to furnishing a bail bond in the sum of
Rs.50,000/- with one surety in the like amount on the following conditions:
i) That the applicant/accused shall not leave Delhi without
prior intimation to the IO/Court either by written intimation
or through SMS to IO on mobile phone in advance;
ii) That the applicant/accused will supply all numbers of his
functioning phones/mobile phones to the IO as well as
about his whereabouts.
iii) That the applicant/accused shall not tamper with the
evidence;
iv) That the applicant/accused shall not try to contact in any
manner or threat the prosecution witnesses;
v) That in case of change of his residential address, he shall
intimate the court about the same;
vi) That the applicant shall attend the Court on each and
every date of hearing without fail.
vii) In case of involvement in any criminal case during
bail period the bail shall be liable to be cancelled.
A copy of this order be sent to the Jail Superintendent
concerned for further communication to the accused/applicant. Copy of
this order be also forwarded to Jail Superintendent concerned through E-
Mail.
Copy of this order be given dasti as prayed for.
Harvinder Singh Johal
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/28.11.2025
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