Vijay Kumar v. State

1. Vide this common order I shall dispose of three bail applications bearing No. 914/2014, 919/2014, and 1379/2014 filed byVijay Kumar, Ajay Kumar and Amit Goel respectively for grantof anticipatory bail in case FIR No. 64/2014 u/s 379/413/120 B IPG and Sections 5 & 15 of Environment Protection Act registered with PS Dwarka, Sector 23.

2. Prosecution case in brief is that on 8* February, 2014 on receipt of a call, SI Data Ram along with staff reached at the vacant land between Chhawala Nahar and Pochanpur T-point to Goyala Dairy T-point (Village Dhul Siras, Sec.24, Dwarka, New Delhi) and there he found three water tankers, two water tankers were filled with water and in the third water tanker water was being illegally filled with the help of water pipe, electric wire, generator set etc. SI Data Ram informed about the matter at the PS. On receipt of information Inspector Sanjay Kumar along with staff reached at the above spot and it was revealed that the accused were illegally drawing the ground water and indulging in the theft of ground water from Govt. (DDA) land and they used to supply stolen water in Dwarka through water tankers and thus indulging in selling/dealing in the stolen ground water and earning a huge profit. Daily 50-60 water tankers were filled from the illegal borewell and illegal water filling site. So on the statement of SI Data Ram above mentioned case was registered. Supporting equipment i.e. 3 water tankers, 1 big generator set, electric wire, water pipe were seized and six persons were arrested from the spot.

3. As per the status report filed by the State although the applicants are suspects but there is no concrete evidence against them. Although the charge sheet has been submitted but all the three applicants have been put in the column of persons "not arrested". It is stated that if in future any evidence against them comes on record, then they will be charge-sheeted.

4. Under the circumstances, it cannot be said that the applicants have "reason to believe that they may be arrested on accusation of having committed non-bailable offence". Therefore, at this stage, there is no ground for grant of anticipatory bail as prayed. However, in case, any concrete evidence comes on record for filing a supplementary charge sheet against the applicants, or for arresting them, in that event, 7 days notice be served upon them.

5. Withtheseobservations, the application stands disposed of. A copy of this order be given dasti under the signatures of the Court Master to counsel for the petitioners.

SUNITA GUPTA, J FEBRUARY 05, 2015