Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: -1-
SC No. 201/2024
IA No. 1/2025
State Vs. Dishant @ Lalla
FIR No. 5/2024
PS Anand Vihar Railway Station
U/s 302/397/412/34 IPC
27.05.2025
This is an application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Dishant @ Lalla.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. Gaurav Tyagi, Ld. Counsel for applicant/accused
Dishant @ Lalla.
IO/Insp. Proshun 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 was
arrested on 31.01.2024, since then he is in JC. Investigation of the
present case has been completed and charge-sheet has already been
filed. His custodial interrogation is not required. He has nothing to
do with the alleged offence as he has been falsely implicated.
Nothing has been recovered from the possession of applicant/
accused. He is 23 years old and has clean antecedents and he is not
previous convict. 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 charge has
not been framed. Material witnesses have not been examined.
Applicant/accused has played an active role in the crime and he was
captured in the CCTV footage while committing crime.
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.
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5. As per the case of prosecution, on receiving DD No.
10A dt. 29.01.2024, ASI Shankar reached the spot i.e. Mandawali
Railway Station Stairs where he found SI Pradeep, Crime Team and
Mobile Forensic Team at the spot and he came to know that injured
had been shifted to LBS Hospital by PCR. At the instance of crime
team, ASI Shankar lifted the exhibits as per procedure and handed
over seal to Ct. Sachin. Thereafter, ASI along with Ct. Sachin
reached LBS Hospital and on MLC No. 1027/24 dt. 29.01.2024,
Deepak was found admitted and doctor had declared him brought
dead. ASI Shankar took the photographs of the deceased from his
mobile phone. Thereafter, he met Chabi Kant Jha (Father of
deceased) told that when his son left the house, he had his mobile
phone, some cash and some documents along with him.
6. On 30.01.2024, the postmortem of deceased was
conducted by the doctor of LBS Hospital and it was opined verbally
that the cause of death is smothering and asphyxia. Keeping in
view, the circumstances and verbal opinion, a case u/s 302 IPC vide
FIR No. 05/2024 was registered at the PS and investigation of the
present case was handed over to Insp. Prosun.
7. During investigation, IO along with ASI Sanjay
Nagar, HC Mohan, Ct. Manjeet reached at the spot. Thereafter,
SHO along with ASI Shankar were also found present. SI Pradeep
of PS Mandawali was called at the spot. On the pointing out of SI
Pradeep, the site plan was prepared. On the inspection of the scene
of crime team, CCTV camera was found installed at the Mosque.
On checking the same, he came to know that on 29.01.2024 at night
time, three young boys were found beating one person. The hard
disk of DVR camera was seized.
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8. On basis of CCTV footage, the accused persons were
identified as Baru Laxman Kumar and Dishant @ Lalla and they
disclosed their involvements in the crime and applicant/ accused
Dishant @ Lalla got recovered one mobile phone make OPPO and
two earbuds, which they had robbed from deceased Deepak Jha on
28-29.01.2024 and kill him. The DVR has been sent to FSL Rohini
and the report is awaited and as such further investigation is not
concluded and he has to file the CDR/CAF and Cell ID Chart of
deceased and accused as their mobile phones were also seized. IO
had seen the CCTV footage, though he had not brought on record
copy of the same and till the report of the FSL comes, the accused
cannot take benefit of non-availability of CCTV as IO had seen inw
hich accused persons were seen hitting the deceased. As per PMR,
there are 19 antemortem injuries and as per DNA analysis, the
blood was on the shirt of accused Baru Laxman matched with the
DNA profile of the deceased. The charges have not been framed
and material witnesses have not been examined.
9. Considering the above facts and circumstances of the
case, the regular bail application of applicant/accused Dishant @
Lalla 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
27.05.2025
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