Amrit Singh @Leela v. The State (NCT of Delhi)

1. The present application has been filed by the petitioner under Section 439 Cr.P.C. for grant of regular bail in a case FIR NO. 901/2014 under Sections 365/342/323/506/385/34, Police Station Kanjhawla, Delhi.

2. The petitioner is in judicial custody since 22""^ November, 2014. Status report has been filed by the State. As per report facts are that on the basis of the statement of Sh.Deepak Rana, the aforesaid FIR was registered against the petitioner on lO**" November, 2014. In his statement the complainant stated that he is working as an Assistant Driver at Kanjhawla Depot of DTC. On 9^^ November, 2014 his duty BailAppl. No.80/2015 1of[3] 2015:DHC:10611 was from 6pm to 2am and after finishing his duty at about 2:30 am while he along with Manoj and Raj Kumar were going on his Scooty towards Ghevra Mor. suddenly aXylo oar having No.Hr 12 9860. which was being followed by aSkoda car. came from backside and stopped him andforced themto sitinthe said Xylo caronthe pointof pistol. He further stated that the said persons gave them severe beatings and demanded Rs.[6] lac on the pretext that they have caused loss of Rs.[6] lac to them. He further stated that the said persons who were calling each other with the names of Raje. Sonu. Wlonu and Lila threatened them to falsely implicate in some drug case if an amount of Rs.e lac was not paid. He further stated that thereafter the said persons brought them to Nangloi Metro Station and made them sit in apolice Gypsy and also put some cartons of liquor in it.

3. The police officials sitting in the Gypsy brought them to aBeat Booth where police officials namely, Revender Dabas and Davinder Balyan told him that he was lifted and beaten by the said persons under some misconception and thereafter ASI Ravinder Dabas dropped him at his house in his Scooty and thereafter he made acall to the PGR. Afterthe registration of FIR investigation was taken up.

4. During the course of investigation statements ofwitnesses were recorded, evidence was collected and while the same was pending, on 22"'^ November, 2014 an information was received from Special Staff, Outer District, thatthey have arrested Rajesh @Raje and Amrit Singh @Lila under Section 41(1)(A)(D) Cr.P.C. Page 2 of[3] BailAppl. No.80/2015

5. During interrogation the said persons disclosed their involvement in the present case. On the basis of the said information an application was filed in the court of Metropolitan Magistrate seeking permission to arrest and interrogate them. After grant of permission both the accused were interrogated, arrested and their two days police custody remand was obtained. After the expiry of police custody remand they were produced before the concerned court and were remanded to judicial custody. It is further submitted that an application for TIP of the accused persons was also moved before the concerned court but the accused persons refused to participate in TIP.

6. While the investigation was pending, petitioner herein moved a bail application which was dismissed by the Metropolitan Magistrate by order dated 18^' December, 2014. Thereafter, he moved abail application before the Additional Sessions Judge which was dismissed on 24^^ December, 2014.

7. Ihave heard the learned counsel for the petitioner. It appears from the status report that further investigation in the matter is still in progress. The remaining accused are yet to be arrested. Keeping in view the gravity of the offence and facts in the present case, Iam not inclined to grant the relief to the petitioner at this stage. The application is accordingly dismissed.

JUDGE APRIL 06, 2015