Full Text
Date of Decision: 06.01.2026
GHANSHYAM @TIPPU PANDIT .....Petitioner
Through: Mr. Tribhuvan, Advocate (through videoconferencing).
Through: Mr. Sanjeev Sabharwal, APP for State
Rohilla and SI Avdhesh Dixit, PS Crime Branch.
JUDGMENT
1. The accused/applicant seeks regular bail in case FIR No. 766/2024 of PS Sarai Rohilla for offence under Sections 309(4)/309(6)/311/61(2) of BNS.
2. Broadly speaking, the prosecution allegations are as follows. On 21.12.2024, when the complainant de facto, Thakor Maheshji along with his colleague Krushna Kumar was bringing cash amount of Rs. 52,00,000/from one Amit Bhai on instructions of their employer and they reached in the TSR near traffic signal of NKS Hospital at about 05:15 pm, three boys came towards the TSR and one of them, brandishing a pistol demanded the bag of money. Thereafter, the other two boys snatched the bag after hitting him on his face and after snatching the bag, they sped away on the motorcycle.
3. On behalf of accused/applicant it is contended that he has been falsely implicated in this case, as after being released on bail on 29.02.2024 in appeal arising out of a murder case, the local police has booked him falsely in two more false cases. It is also submitted by learned counsel for accused/applicant that co-accused Samay Singh has already been granted bail by the trial court.
4. Learned prosecutor, on instructions of IO/SI Sachin Jaswal submits that role of the accused/applicant is that he was aware that the complainant would be carrying a money bag, which can be looted. It is also submitted by learned prosecutor that from possession of the accused/applicant, a sum of Rs. 2,00,000/- out of the looted amount was recovered.
5. Admittedly, the accused/applicant is not one of those three boys who snatched the money bag. Also admittedly, accused Samay Singh, who also had role similar to that of the present accused/applicant has already been granted bail by the trial court. One also has to keep in mind the amount of the alleged recovery of Rs. 2,00,000/- only from the accused/applicant out of the alleged total looted amount of Rs. 52,13,500/-.
6. Considering the overall circumstances, I find no reason to further deprive liberty to the accused/applicant. The Bail Application is allowed and the accused/applicant is directed to be released on bail, subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned trial court. Pending application also stands disposed of.
7. Copy of this order be sent to the concerned Jail Superintendent immediately to be conveyed to the accused/applicant.
GIRISH KATHPALIA (JUDGE) JANUARY 6, 2026