Amarjeet Singh v. State of NCT of Delhi

1. The present bail application is filed under section 439 read with section 482 of the Code of Criminal Procedure, 1973 for grant of regular bail filed on behalf of petitioner/Amarjeet Singh in FIR bearing no.227/2019 registered under sections 307/34 IPC at P.S. BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 2 Hauz Khas, New Delhi.

2. The perusal of FIR bearing no.227/2019 reflects that it was got registered on the basis of complaint made by Anil Kumar Chaudhary (hereinafter referred to as “the complainant”) wherein it is stated that he is posted as Chairman, Steel Authority of India. The complainant on 07.08.2019 at about 10.30 P.M. was going towards his house in Car bearing no.DL14CD-0401 (Toyota Corolla) being driven by his driver, namely, N.K. Pathak and in the meantime he noticed that another car bearing registration no.DL4CAB-0408 Silver colour (Honda City) was chasing his car. The said car also tried to hit the car in which the complainant was sitting. The complainant reached at Huddco Place in front of August Kranti Marg then the four persons get down from the car bearing no. DL4CAB-0408. The complainant alongwith his driver also get down from the car bearing no. DL4CD-0401 and thereafter all the persons have started to give beatings to the complainant and his driver by fists and blows and also hit them with an iron rod. The complainant received injuries on his heads and legs. One person also took out one knife and inflicted injuries on the neck of the complainant. The complainant raised BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 3 alarm and thereafter the police reached at the spot. The two persons identified as Lalit Kumar and Amarjeet i.e. the petitioner were apprehended at the spot. The complainant was removed to AIIMS Trauma Hospital.

3. It is stated in the application that the petitioner is falsely implicated in the case and is in judicial custody since 08.08.2019. The nature of injuries is stated to be received by the complainant was opined as simple. The co-accused Ashok Kumar, Satender, Parvesh, Om Prakash Sharma and Sunil Kumar Balhara have already been granted regular bail. The bail application filed by the petitioner was dismissed by the Court of Ms. Vrinda Kumari, ASJ-02 (South), New Delhi vide order dated 24.09.2022.

4. The respondent/State filed the detailed Status Report under the signature of the Assistant Commissioner of Police, Crime Branch, Sunlight Colony, Delhi. In Status Report beside mentioning the contents of the FIR, it is stated that the complainant received injuries on his heads and legs and one person also took out one knife and inflicted injuries on the neck of the complainant. Honda Car bearing registration no. DL4CAB-0408 used by the accused persons in the BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 4 commission of crime was recovered from the possession of the petitioner and Lalit and found to be stolen from the area of P.S. Sarai Rohilla. The weapon of offence i.e. iron rod was recovered from the possession of the petitioner and knife was also recovered from the possession of co-accused Lalit. During investigation one mobile wherein one photo of the car bearing no. DL14CD-0401 (toyota corolla) belonged to the complainant was also found stored which is reflecting towards the conspiracy regarding the commission of the present incident. The petitioner and co-accuse Lalit in their disclosure statement also stated that they were hired by Om Prakash Sharma who was also arrested on 10.08.2019. The other co-accused were also arrested during the course of the investigation. The investigation of the case was also transferred from P.S. Hauz Khas to Crime Branch by the Competent Authority. During investigation, it was also revealed that Satender @ Chhutku and Om Prakash, planned to cause grievous injury to the complainant alongwith Sunil Kumar Balhara.

5. In Status Report further details of the investigation were also mentioned. The co-accused Sunil Kumar Balhara during the interrogation was found to be a small property dealer in Haryana and BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 5 has developed a habit to visit different politician in Delhi and also tried to develop connection in Delhi. He met with co-accused Ashok Kumar Singh through one Rajiv Kumar Singh and got friendly with him. It was further revealed that Ashok Kumar Singh is a big business man and is having office near Bhikaji Cama Place and he is into business of import of coal and warehouses etc. Ashok Kumar Singh also applied a tender for import of cooking coal from USA which were supplied to SAIL. The cost of imported coking coal was around Rs. 80 to 85 Crores. The complainant raised objections as to the imported goods and did not release the payment and due to this reason, the payment of Rs. 80 to 85 Crores was got stuck up. It is due to this reason a conspiracy was hatched to cause injuries to the complainant. The trial is pending in the Court of Ms. Vrinda Kumari, ASJ-02 (South), Saket Court, New Delhi. It is also mentioned in the Status Report that the petitioner is active member of assailants who attacked on the complainant in the night of 7/8.08.2019. It is prayed that the bail application be dismissed.

6. The counsel for the petitioner also stated and argued that the bail application of the petitioner was dismissed in casual and BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 6 mechanical manner by ignoring all the material facts. The petitioner is in judicial custody for more than 3 years in a false case. The offence punishable under section 323 IPC is only made out against the petitioner as the injury stated to be received by the complainant are opined as simple. The counsel for the petitioner further stated that investigation has already been completed and the charge-sheet has already been filed. The other co-accused have already been granted bail. In these circumstances, the counsel for the petitioner stated that the petitioner be granted bail.

7. The learned Senior Counsel for the complainant argued that the petitioner is part of the gang of hired criminals who used to commit serious offences. The petitioner was arrested at the spot and is found to be involved in 16 criminal cases. The investigation was also ordered to transfer to STF Crime Branch, Sunlight Colony, Delhi on 24.08.2019. The charge-sheet and supplementary charge-sheet have already been filed. The petitioner had attacked the complainant with co-accused Lalit with iron rod and paper cutter. The allegations against the petitioner are serious in nature. The car bearing registration no.DL4CAB0408 used in the commission of offence was BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 7 also recovered from the possession of the petitioner and co-accused Lalit. The weapon of offence i.e. iron rod was also recovered from the possession of the petitioner and co-accused Lalit beside recovery of knife-like paper cutter at the instance of co-accused Lalit. There is enough material which can point out towards the conspiracy behind the present incident. The petitioner and co-accused were hired by Om Prakash Sharma. The learned Senior Counsel for the complainant also advanced arguments on the facts which are mostly referred and stated in the Status Report.

8. The Additional Public Prosecutor in the light of the submissions made in the Status Report opposed the bail application. The Additional Public Prosecutor stated that a conspiracy was hatched to cause injuries to the complainant who was not releasing payment of Rs.80 to 85 Crores to Ashok Kumar Singh who supplied the imported coal to the SAIL.

9. It is reflecting that the complainant is posted as Chairman of the SAIL. The co-accused Ashok Kumar Singh supplied the coal imported from the USA to the SAIL worth around Rs.80 to 85 Crores. The complainant raised objections to the imported goods and BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 8 did not release the payment of Rs.80 to 85 Crores to Ashok Kumar Singh, thereafter a conspiracy was hatched to cause injuries to the complainant in the manner as detailed in FIR.

10. The petitioner in judicial custody since 08.08.2019 i.e. more than 3 years. The co-accused have already granted bail. The nature of injury is stated to be received by the complainant was opined is simple in nature. Whether on the basis of charge-sheet offence under section 307 IPC or under section 323 IPC as alleged on behalf of the petitioner is made out, is a matter of trial. After considering all facts the petitioner/accused is admitted on bail on furnishing personal bond in the sum of Rs.30,000/- with one local surety of the like amount to the satisfaction of the concerned trial Court with the following conditions:-

(i) That he shall not approach or try to contact the complainant/Anil Kumar Chaudhary in any manner after release from the custody;

(ii) That he shall not leave the country without prior permission of the Court;

BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 9

(iii) That he shall not tamper with the evidence and not try to influence the witness.

(iv) That he will mark his presence before the concerned