Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Matters 1934/2025 STATE Vs. SHIVAM Page no. 1 of 3
Bail Matters 1934/2025
STATE Vs. SHIVAM
e-FIR No.80051276/2025
PS NSP Metro
02.09.2025
Present: Sh. Vikas-II, Ld. Addl. PP for State.
None for applicant / accused.
1. Present application u/s 483 BNSS has been moved seeking
regular bail for the applicant / accused Shivam who is facing allegations
u/s 303(2)/305(e)/317(2)/3(5) BNS.
2. Ld. Counsel for the applicant has submitted that no similar
application is pending before any other court.
3. Reply filed. Copy supplied.
4. Facts, in brief, are that applicant/accused was formally arrested
for the offence of cable theft on 04.08.2025 in the present case who was
arrested on 30.07.2025 for trying to steal cable wire of metro in FIR
No.23/25 u/s 303(2)/62 BNS PS NSP Metro. In the said case, he
disclosed that he alongwith his associate Sameer @ Chuha and others
had earlier also stolen metro cable wire. On his disclosure statement,
case property of present case i.e. 35.5 foot cable wire was recovered.
5. During the course of arguments Ld. Counsel for
accused/applicant submits that applicant / accused has been falsely
implicated in the present matter. The applicant / accused was not caught
red handed and has been formally arrested by the police. Ld. Counsel
-- 1 of 3 --
Bail Matters 1934/2025 STATE Vs. SHIVAM Page no. 2 of 3
submits that investigation qua applicant / accused has already been
completed. Ld. Counsel submits that applicant / accused shall join the
investigation whenever called by the police and Court. Ld. Counsel
submits that no fruitful purpose would be served by keeping the
applicant / accused further in custody. Ld. Counsel submits that
applicant / accused is ready to abide by all the terms and conditions
imposed by this Court.
6. Bail application is strongly opposed by Ld. Addl. PP for State
stating that allegations against the applicant / accused are serious in
nature. Ld. Addl. PP submits that accused was caught red handed to
attempt the theft of metro cable wire in case FIR bearing no. 23/2025 on
30.07.2025 and co-accused are yet to be arrested. Ld. Addl. PP submits
that address of the applicant / accused is not verified and applicant /
accused has previously been involved in two other cases. If applicant /
accused is released on bail, he may jump the bail.
7. Further, Ld. Additional PP assisted by Ld. Counsel for DMRC
vehemently opposed the bail application stating that accused is a
member of organized crime who are damaging the property of metro
and selling the same in Meerut in a well-planned manner. Ld.
Additional PP also made submission that accused has also committed
offence under section 78 of the Metro Railway (Operation and
Maintenance Act) Act, 2002 which is punishable with imprisonment of
10 years and IO has not invoked section 78 of the Act yet.
8. Arguments heard. Record perused.
-- 2 of 3 --
Bail Matters 1934/2025 STATE Vs. SHIVAM Page no. 3 of 3
9. As per the case of prosecution, accused was caught from the
spot while attempting to seal cable wire of Metro in FIR No.23/25 u/s
303(2)/62 BNS PS NSP Metro. In the said case, accused disclosed his
involvement in the present case and got recovered stolen case property
of present case i.e. 35.5 cable wire. The allegations against the accused
are certainly serious. It is not a simple case of recovery of stolen
property. Accused is stated to be involved in destruction/damage of
property of Metro Railway, being a member of larger group, and other
associates are yet to be arrested. In case, he is released at this stage, he
may hamper the investigation. Considering the modus operandi, role of
the accused, nature of the allegation and initial stage of investigation,
this Court is of the opinion that this is not a fit case for grant of bail to
the applicant/accused. Therefore, Application for regular bail moved on
behalf of accused is dismissed.
10. Observation made herein above shall not affect the merits of
this case in any manner.
11. Application stands disposed off.
( MUNEESH GARG)
ASJ-03, N/W, ROHINI COURTS
DELHI/02.09.2025
-- 3 of 3 --