Order 15

Order Details: COPY OF ORDER
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SC No. 449/2024
IA No. 02/2025
State Vs. Sunny & Ors.
FIR No. 382/2024
PS Welcome
U/s 392/397/411/34 IPC
21.11.2025
This is 1st application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Shivam @
Nitesh.
Present:- Sh. Sobit, Ld. Addl. PP for the State.
Sh. Pradeep Agarwal, Ld. Counsel for applicant/
accused Shivam @ Nitesh.
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 23.06.2024. Applicant/accused was not involved in the
present case in any manner and he is not FIR named nor he was
identified by complainant in TIP on 16.07.2024. Investigation has
been completed and charge-sheet has already been filed. Co-
accused Rinku and Sunny have already been granted bail and he
may be also granted bail on the ground of parity. It is settled law
that bail is a rule and jail is an exception. Applicant/accused is
innocent and he has not committed any kind of offence and he
has clean antecedents. He is ready to join the investigation as and
when required by the police. No purpose would be served by
keeping the accused behind the bars and trial will take
considerable time.
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2. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that
applicant/accused and other accused persons have committed
robbery with the complainant and cash Rs. 65,000/- and three
mobile phones were robbed and pistol was used by the co-
accused in the commission of crime. Applicant/accused had
played an active role in the commission of crime and material
witnesses have not been examined. He may influence the
witnesses, if released on bail.
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, the complainant
Kasif alleged that on 11.06.2024 at about 11:29 pm, he was
closing his restaurant at Babarpur, along with his co-workers,
then suddenly, two boys came in the restaurant and pushed him
and his co-worker Vivek and took out three phones from the
counter and one of those boys forcefully to Rs. 65,000/- cash
from the drawer and fled away. The incident was captured in
CCTV camera and found that accused persons used pistol for
committing robbery.
6. During the course of investigation, accused Sunny
was arrested on 22.06.2024 by Crime Branch and later formally
arrested in the present case. One robbed mobile phone was
recovered from the possession of accused Sunny and seized.
During TIP, the complainant identified accused as the one, who
picked up mobile phones from the counter while his associate
pointed a pistol, but applicant/accused could not be identified by
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the complainant in TIP. CCTV footage, eye-witnesses statements,
and confession of accused Sunny clearly corroborate his active
involvement. His disclosure also revealed the roles of co-accused
Rinku and applicant/accused Shivam @ Nitesh in the said
robbery. Recovery of robbed mobile phones were effected from
accused Rinku and Sunny.
7. Charge-sheet has been filed and co-accused Rinku
and Sunny have already been granted regular bail. The charges
have been framed against the applicant/accused and weapon was
used by accused Rinku @ Cholan, who has been granted bail.
Applicant/ accused is in JC since 23.06.2024 i.e. more than 1
year and 5 months and as such, accused also deserves parity and
no weapon was used by him. Nothing is to be recovered from the
applicant/accused as investigation is concluded.
8. Considering the above facts and circumstances of
the case, the 1st bail application of applicant/accused Shivam @
Nitesh is allowed and he is admitted to regular bail on his
furnishing a personal bond in the sum of Rs. 30,000/- with one
surety of like amount to the satisfaction of this court, subject to
following conditions:-
1. That accused will not contact complainant and his
family members or any prosecution witness directly or
indirectly in any manner.
2. The accused will appear before the court regularly
during trial and shall not seek frequent adjournments.
3. In case of change of residential address or contact
details, the applicant shall promptly inform the same to
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the concerned Investigating Officer/SHO as well as to
the concerned Court.
4. That accused shall not leave the country without the
permission of the court.
9. Nothing mentioned herein shall tantamount to any
expression on the merits of the case.
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
21.11.2025
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