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(o HIGH COURT OF DELHI
BAIL APPLN.646/2022
VISHNU KUMAR Petition^
Through: Mr.Jaideep Singh,Mr.Kartik Dabas, Advs.
BAIL APPLN.646/2022
VISHNU KUMAR Petition^
Through: Mr.Jaideep Singh,Mr.Kartik Dabas, Advs.
VERSUS
THESTATE N.C.T OFDELHI Respondent
Through: Mr.AashneetSingh,APP Mr.Vineet Mehta,Mr.Jogesh Gupta,Advs.
Insp.Naresh Kumar,PS Swarup Nagar 5 ^
Through: Mr.AashneetSingh,APP Mr.Vineet Mehta,Mr.Jogesh Gupta,Advs.
Insp.Naresh Kumar,PS Swarup Nagar 5 ^
BAIL APPLN.648/2022
„.TT T T A T Petitioner
RAJU LAL , 1
Through: Mr.Jaideep Singh,Mr.Kartik Dabas, Advs.
„.TT T T A T Petitioner
RAJU LAL , 1
Through: Mr.Jaideep Singh,Mr.Kartik Dabas, Advs.
VERSUS
THESTATE N.C.T OFDELHI Respondent
Through: Mr.AashneetSingh,APP Mr.Vineet Mehta,Mr.Jogesh Gupta,Advs.
Insp.Naresh Kumar,PS Swaroop Nagar
Through: Mr.AashneetSingh,APP Mr.Vineet Mehta,Mr.Jogesh Gupta,Advs.
Insp.Naresh Kumar,PS Swaroop Nagar
CORAM:
HON'BLE MR.JUSTICE JASMEET SINGH
0/„ 20.09.2022
These are applications filed seeking grant ofanticipatory bail in the
FIR No.818/2021 dated 22.12.2021 registered atPS Swaroop Nagar under
Section 406/34IPG.
AspertheFIR,itis statedthatthecomplainantis doing papertrading work and has a godown in Nangli Poona, Delhi for about 12 years. It is further stated thatthe complainantcould notgoto his warehousefor almost a week.
On 17.12.2021,the complainant came to his godown,and according
2022:DHC:5937 to the stock, he found that 15 papers rolls were missing which were weighing about 20tonnes.
It is stated that 3 servants, namely, Vishnu Kumar,Sonu and Raju Pal were interrogated,and one ofthem ran away leaving his mobile phone at the place. Hence,the FIR.
Mr. Dabas, learned counsel for the applicants states that the FIR is filed due to the fact that the applicants sought their arrears of salary from
July to September,2021,and again for October to November,2021.
The complainant did not want to pay the salary, hence, has registered the FIR.
He states that each roll is of about I tonne, and it is not humanly possible to remove 15 rolls. In addition, he states that there were numerous people who stay at the godown and none ofthem have been interrogated. He further states that the rolls can only be lifted through forklift and the key of the forklift was with some other person who again has not been named in the
FIR. On 23.02.2022,interim protection was granted to the applicant.
I am ofthe view that the status report does not mention that actually
15 paper rolls have been stolen. The fact whether the salary ofthe applicants is outstanding or not is also to be verified. The applicants have joined the investigation and are cooperating with the same.
The issues raised by the applicants can only be determined after the complete trial. For the aforesaid reasons, it is directed that in case of any arrest ofthe applicant in FIR No. 818/2021 dated 22.12.2021 registered at
PS Swaroop Nagar under Section 406/34IPG,they shall be released on bail on the following terms and conditions:- i. The applicants shall furnish a personal bond with one local surety in the sum ofRs. 10,000/- each,to the satisfaction ofthe I.O.; ii. The applicants shall join investigation as and when called by the
1.0 concerned; iii. The applicants shall provide their mobile numbers to the
Investigating Officer (10) concerned, which shall be kept in working condition at all times. The applicants shall not switch off, or change the same without prior intimation to the 10 concerned, during the period ofbail; iv. In case the applicants changes their address, they will inform the
10 concerned and this Court also;
V. The applicants shall not leave the country during the bail period and surrender their passports, if any, at the time of release before the Trial Court; vi. The applicants shall not indulge in any criminal activity during the bail period; vii. The applicants shall not communicate with, or come into contact with any of the prosecution witnesses, or any member of the complainant's family,or tamper with the evidence ofthe case.
The applications stand disposed ofin the aforesaid terms.
JASMEET SING^J SEPTEMBER 20,2022/(MS)
Click here to check corrigendum, ifany
0/„ 20.09.2022
These are applications filed seeking grant ofanticipatory bail in the
FIR No.818/2021 dated 22.12.2021 registered atPS Swaroop Nagar under
Section 406/34IPG.
AspertheFIR,itis statedthatthecomplainantis doing papertrading work and has a godown in Nangli Poona, Delhi for about 12 years. It is further stated thatthe complainantcould notgoto his warehousefor almost a week.
On 17.12.2021,the complainant came to his godown,and according
2022:DHC:5937 to the stock, he found that 15 papers rolls were missing which were weighing about 20tonnes.
It is stated that 3 servants, namely, Vishnu Kumar,Sonu and Raju Pal were interrogated,and one ofthem ran away leaving his mobile phone at the place. Hence,the FIR.
Mr. Dabas, learned counsel for the applicants states that the FIR is filed due to the fact that the applicants sought their arrears of salary from
July to September,2021,and again for October to November,2021.
The complainant did not want to pay the salary, hence, has registered the FIR.
He states that each roll is of about I tonne, and it is not humanly possible to remove 15 rolls. In addition, he states that there were numerous people who stay at the godown and none ofthem have been interrogated. He further states that the rolls can only be lifted through forklift and the key of the forklift was with some other person who again has not been named in the
FIR. On 23.02.2022,interim protection was granted to the applicant.
I am ofthe view that the status report does not mention that actually
15 paper rolls have been stolen. The fact whether the salary ofthe applicants is outstanding or not is also to be verified. The applicants have joined the investigation and are cooperating with the same.
The issues raised by the applicants can only be determined after the complete trial. For the aforesaid reasons, it is directed that in case of any arrest ofthe applicant in FIR No. 818/2021 dated 22.12.2021 registered at
PS Swaroop Nagar under Section 406/34IPG,they shall be released on bail on the following terms and conditions:- i. The applicants shall furnish a personal bond with one local surety in the sum ofRs. 10,000/- each,to the satisfaction ofthe I.O.; ii. The applicants shall join investigation as and when called by the
1.0 concerned; iii. The applicants shall provide their mobile numbers to the
Investigating Officer (10) concerned, which shall be kept in working condition at all times. The applicants shall not switch off, or change the same without prior intimation to the 10 concerned, during the period ofbail; iv. In case the applicants changes their address, they will inform the
10 concerned and this Court also;
V. The applicants shall not leave the country during the bail period and surrender their passports, if any, at the time of release before the Trial Court; vi. The applicants shall not indulge in any criminal activity during the bail period; vii. The applicants shall not communicate with, or come into contact with any of the prosecution witnesses, or any member of the complainant's family,or tamper with the evidence ofthe case.
The applications stand disposed ofin the aforesaid terms.
JASMEET SING^J SEPTEMBER 20,2022/(MS)
Click here to check corrigendum, ifany
JUDGMENT