Order 12

Order Details: COPY OF ORDER
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E-Filing No. ADL20230013134D202400133
SC No. 45/2024
IA No. 2/2024
State Vs. Ramtez
FIR No. 230/2023
PS GTB Enclave
U/s 302/397/34/392/394/411/212/120B IPC
& 25/54/59 Arms Act
28.09.2024
This is 1st application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Ramtej.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. H R Dhamija, Sh. Tapesh Vishnoi, Sh. Ishwar
Singh and Sh. Nitin Khanna, Ld. Counsels for
applicant/accused Ramtez.
IO/Insp. Ashwani Ambariya in person.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he has been falsely implicated in the present case and he is in JC
since 19.09.2024. Co-accused Ramashish has been granted bail
by the Hon’ble High Court on 16.08.2024. Applicant/accused
was not apprehended or arrested at the spot and place of
occurrence is an industrial area and it is very populated area
where a number of persons with labourers, visitors, purchasers,
customers and transporters are always present in the area on the
road outside the industrial premises, but still police could not find
any eye-witness, which creates doubt on the case of prosecution.
It is also submitted that bail is a rule and jail is exception, is a
rule of law, which is settled by Hon’ble Supreme Court in various
judgment and accused is in JC for the last 510 days. Applicant/
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accused is 37 years old and he is only bread earner of his family
and nothing has been recovered from the applicant/accused or at
his instance. His custodial interrogation is not required. There is
no direct or indirect or circumstantial evidence against applicant/
accused in the present case. No purpose would be served by
keeping the accused behind the bars and trial will take
considerable time.
2. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that
applicant/accused was actively involved in the crime and the
charges pressed against the applicant/accused are u/s 302/394/
397/411/120-B IPC & 25 Arms Act and his role is different from
the role of accused Ramashish, so he cannot claim bail on parity
and one pistol and live cartridge were recovered at his instance
and robbed money has also been recovered from him, which was
deposited in his account and if released on bail, he may influence
the prosecution witnesses and one empty bag was also recovered
at his instance. There are previous involvements of applicant/
accused.
3. IO has filed a reply and opposed the bail
application .
4. I have heard the rival contentions of the bail
application and perused the record.
5. As per the case of prosecution, on 12.05.2023, a
PCR call vide DD no. 113A was received at PS GTB Enclave
regarding gunshot injury at Gali No. 6, Friend Colony, Industrial
Area, Shahdara Delhi and it was entrusted to SI Ajay Bhatt, who
reached the spot and found blood, spectacles and bunch of keys
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lying in the street in front of factory and one live cartridge and
four empty cartridges were found and injured Dinesh was
brought to the hospital where he was declared brought dead and
he was the supervisor in a go-down of scrap at Dilshad Garden,
Delhi and used to work for collection of payment.
6. On 12.05.2023 deceased had collected the total
amount of Rs. 6,98,500/- from the area of Friends Colony,
Industrial Area, Delhi and he was shot by firing with a pistol and
his bag containing Rs. 6,98,500/- was looted.
7. As per the reply of the IO, after analyzing the CCTV
footage near the spot and route of the accused persons, it was
found that the accused persons, who were involved in the crime,
stayed at Aarti Logistic, Ansari Road, Daryaganj, Delhi with co-
accused Ramashish, who was doing the job of driver at the said
shop before committing the crime and after committing the
crime, they again reached at the said shop with co-accused
Ramashish. Accused persons left the Delhi and thereafter,
accused Ramashish also left Delhi and went to his home town
Gonda, UP. During the investigation, accused Ramashish was
apprehended by the team of Special Staff, District, Shahdara
from his said house and at the instance of accused Ramashish,
applicant/accused Ramtez was also apprehended.
8. During the course of investigation, on 25.05.2023,
applicant/accused Ramtez and co-accused Ramashish were
interrogated and they disclosed their involvement in the
commission of present case. Both accused were arrested and they
disclosed that applicant/accused Ramtez and Vijay Verma met
Ramashish at Daryaganj, Delhi and hatched the conspiracy for
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robbery and Ramashish had chosen the area Friends Colony,
Industrial Area, Shahdara, Delhi for robbery as Ramashish was
aware that there was a huge collection of money in this area.
Accused Vijay Verma had a pistol and another country made
pistol and he handed over the country made pistol to accused
Ramtez.
9. As per the plan on 12.05.2023 at about 07:35 pm,
accused Ramtez and Vijay Verma reached at Friends Colony
Industrial Area through battery rickshaw. Accused Vijay Verma
indicated to Ramtez for snatching the bag from deceased Dinesh.
Then Ramtez started snatching the bag forcefully from the
deceased, but he was not giving up the bag. The deceased started
fighting accused Ramtez and Vijay Verma. In the meantime,
Accused Vijay Verma took out his pistol and shot the deceased by
firing arms 5 bullets. Thereafter, accused Ramtez and Vijay
Verma ran away from the spot with the bag of deceased
containing the amount of Rs. 6,98,500/- and reached at
Ramashish’s shop, Daryaganj, Delhi and stayed at night with
Ramashish. They counted the looted amount which was found
around 7 lakh. Accused Vijay Verma gave the amount of Rs.
90,000/- to accused Ramtez and Rs. 20,000/- to Ramashish and
both left Delhi and reached Ghonda, UP with looted amount.
10. During the course of investigation, at the instance of
accused Ramtez, a robbed bag, his cloths, which he was wearing
at the time of offence, a country made pistol with a live cartridge,
which was carrying by him at the time of crime, a passbook and
cash deposit slip of A/c 94980100049694, Prathana, UP,
Grameen Bank, Branch Sonbaras, UP were recovered.
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11. During the course of investigation, accused Ramtez
disclosed that accused Vijay Verma gave him amount of Rs.
90,000/- of the robbed money in which he deposited the amount
of Rs. 50,000/- in his bank account and remaining amount of Rs.
40,000/- was spent by him in his domestic expenses. The said
robbed amount of Rs. 50,000/- which was deposited by the
accused Ramtez in his bank was freezed.
12. The robbed empty bag was recovered at the instance
of Ramtez from Aarti Logistic, Ansari Road, Daryaganj, Delhi.
13. As per PMR, the cause of death of deceased Dinesh
is Haemorrhagic shock as a result of antemortem injury to the
chest, Abdomen and Pelvis and their corresponding blood vessels
produced by projectile of Firearm through injury no. 1, 2 and 3,
which are sufficient to cause death in the ordinary course of
nature, both individually and collectively. All injuries are
antemortem in nature. Injury no. 1 to 4 are produced by projectile
of firearms. Injury 5 is to be produced by blunt force impact.
14. The charges pressed against applicant/accused are
u/s 302/394/397/411/120-B IPC & 25 Arms Act and applicant/
accused was not only the part of criminal conspiracy to rob the
deceased, but also taken active part in the commission of crime
and the acts of the accused persons led to the murder of Dinesh.
The allegations are grave in nature. As per CDR, the accused
persons were in constant touch with each other during the
relevant period. The applicant/accused may influence the
witness, if released on bail as material witnesses have not been
examined. The applicant/accused cannot claim parity with
accused Ramashish, who had limited role as discussed above. As
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per IO, there are some previous involvement of the applicant/
accused.
15. Considering the above facts and circumstances of
the case, the regular bail application of applicant/accused Ramtez
is hereby dismissed.
The bail application is accordingly disposed of.
Copy of this order be sent to Jail superintendent
concerned, IO/SHO concerned and be given dasti to Ld. counsel
for accused.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
28.09.2024
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