Order 6

Order Details: COPY OF ORDER
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SC No. 449/2024
IA No. 01/2025
State Vs. Sunny & Ors.
FIR No. 382/2024
PS Welcome
U/s 392/397/411/34 IPC
18.07.2025
This is 1st application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Sunny.
Present during bail hearing:-
Sh. Praveen Kumar, Ld. Substitute Addl. PP for the
State.
Sh. Ashraf Ali, Ld. Counsel for applicant/accused
Sunny.
IO/SI Yogesh Kumar 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 12.06.2024. Applicant/accused is innocent and he has made
accused in the present FIR by the police official illegally and
against law. He has no connection or nexus with the alleged
offence in question. Investigation has already been completed
and charge-sheet has already been filed and his custodial
interrogation is not required. Co-accused Rinku @ Chola Chotu
has already been granted bail on 27.09.2024 in the same FIR and
on similar allegations. It is further submitted that alleged role of
the applicant/accused is at par or less serious than that of said co-
accused. He is also entitled to the benefit of bail on the ground of
parity. The delay in framing of charge and commencement of
trial, despite filing of charge-sheet, amounts to prolonged pre
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-trial detention, which is contrary to the applicant/accused’
fundamental right to speedy trial. He is not a habitual offender
and he has no previous criminal antecedents. No purpose would
be served by keeping the accused behind the bars and trial will
take considerable time.
2. Sh. Praveeen Kumar, 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 charge has
not been framed. Applicant/accused may influence the witnesses
and material witnesses have not been examined.
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
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arrested in the present case. One robbed mobile phone was
recovered from the possession of applicant/accused Sunny and
seized.
7. During TIP, the complainant identified accused as
the one, who picked up mobile phones from the counter while his
associate pointed a pistol. 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 Shivam @ Nitesh in the said robbery.
8. Charge-sheet has been filed and co-accused Rinku
@ Manish against whom 32 cases were pending, was granted
bail by the Court of Ld. JMFC vide order dt. 27.09.2024. The
charges pressed against the applicant/accused are u/s 392/411/34
IPC and weapon was used by accused Rinku @ Cholan, who has
been granted bail. Applicant/accused is in JC since 12.06.2024
i.e. more than a year and no weapon was used by him. There is
no previous involvement of applicant/accused filed by the IO
with the reply. Nothing is to be recovered from applicant/accused
as investigation is concluded.
9. Considering the above facts and circumstances of
the case, the 1st bail application of applicant/accused Sunny 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.
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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
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.
10. 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
18.07.2025
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