Deepak Tyagi v. State NCT of Delhi

Delhi High Court · 14 May 2025 · 2025:DHC:3722
Girish Kathpalia
BAIL APPLN. 1840/2025
2025:DHC:3722
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to the accused in a dacoity case on the principle of parity with a co-accused, considering his lesser involvement and procedural irregularities in arrest.

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BAIL APPLN. 1840/2025
HIGH COURT OF DELHI
Date of Decision: 14.05.2025
BAIL APPLN. 1840/2025 & CRL.M.A. 14907/2025
DEEPAK TYAGI .....Petitioner
Through: Mr. Hirein Sharma, Mr. Rajendra Singh and Mr. Paras Sharma, Advocates.
VERSUS
STATE NCT OF DELHI .....Respondent
Through: Mr. Nawal Kishore Jha, APP for State
WITH
SI Mahaveer and SI Manish, PS
Daryaganj.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The accused/applicant seeks regular bail in case FIR No. 585/2023 of PS Daryaganj for offences under Section 392/395/397/412/120B/182/ 211/212/109/34 IPC. The earlier bail application of the accused/applicant was dismissed as withdrawn with liberty to approach the learned Trial Court. Accordingly, the accused/applicant filed fresh bail application before the learned Trial Court which was dismissed vide order dated 09.05.2025. Hence, the present application.

2. Learned APP accepts notice and assisted by the Investigating Officer/SI Mahaveer, fairly concedes that the accused/applicant deserves parity with the co-accused Asif Khan, who was granted regular bail by this court vide detailed order dated 27.03.2025.

3. Broadly speaking, the allegation against the accused/applicant is that he conspired in commission of dacoity involving an amount of Rs. 90,00,000/-. The accused/applicant was not personally involved in the actual act of dacoity. However, out of the allegedly looted money, a sum of Rs. 19,66,000/- was allegedly recovered from his house. Unlike co-accused Asif Khan, the accused/applicant was not even an employee of the victim Mayank Jain.

4. Further, as discussed at length in bail order dated 27.03.2025 pertaining to co-accused Asif Khan, the manner of arrests of the accused persons prima facie does not inspire confidence.

5. It is under these circumstances that learned APP has fairly opted not to oppose this bail application.

6. The bail application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Trial Court.

7. Copy of this order be sent to Jail Superintendent for informing the accused/applicant. Pending application stands disposed of.

GIRISH KATHPALIA (JUDGE) MAY 14, 2025 GIRISH KATHPALIA Date: 2025.05.14 17:54:05 +05'30'