Hariom v. The State of NCT of Delhi

1. The petitioner has moved the present application for bail in case FIR No. 611/2021 under Sections 392/397/411/34 IPC, registered at PS Seemapuri. 1.[1] The petitioner is stated to be in judicial custody since 11.10.2021. It has been submitted that the petitioner has been falsely implicated in this case, charge-sheet stands filed and the matter is pednding before the learned ASJ. Co-accused has already been granted bail by the learned MM on 31.01.2022. The bail application moved by the present petitioner before learned ASJ was dismissed on 11.03.2022. Hence the present bail application has been moved. 1.[2] In the grounds of bail, it is mentioned that the petitioner is aged about 27 years and has a family to support; the FIR was registered on false and bogus facts; on 11.10.2021 at about 9:10 A.M some poice officials of PS 2022:DHC:3451 Seemapuri visited the house of the petitioner and he was taken to the police station for some enquiry; thereafter he was falsely implicated in the present case and arrested; the petitioner was not present on the spot; he has no concern with the offence and he has been falsely implicated by the police officials; occurrence is stated to have taken place on 11.10.2021 at about 07:30 hours but FIR was registered at 18:45 hours, i.e., after 11 hours and 15 minutes, there is no explanation for dely in the FIR; the accused is in judicial custody since 11.10.2021; co-accused Deepak has already been granted bail by the learned MM on 31.01.2022 and the accused is not required for any kind of investigation as the charge-sheet stands filed.

2. Notice was issued. 2.[1] In the Status Report, it has been mentioned that the present case was registered on the statement of one Vivek regarding incident of robbery happened with him by 4 unknown persons on 11.10.2021. Complainant had come from Himachal Pradesh and he wanted to go at his native village in Kashganj UP. He hired an EECO car in which three persons were already sitting. As a precaution, he had taken a photo of the number plate and sent it to one of his known person named Bijender. He was robbed near garbage dump, Tahirpur. Complainant was robbed inside the car by the other occupants by showing knife and after robbing him, they left the complainant at CNG Pump, Tahirpur and ran away. 2.[2] Search of the accused persons was made and on the same day the petitioner and co-accused Devender were arrested from A Block, DDA Park, New Seema Puri in the presence of the complainant. Accused persons were interrogated. During intettoration they admitted about committing the robbery with the complainant. Petitioner was driving the vehicle EECO car, which was used for commission of the crime. The vehicle was recovered at the instance of the petitioner and from inside the vehicle looted bag containing Adhar Card and clothes of the complainant were recovered. The vehicle was registered in the name of Ms. Kamlesh, w/o Chokhe Lal, mother of the petitioner. The petitioner was arrested and produced before Court and he was sent to judicial custody. He was previously involved in case FIR NO. 463/2016 under Sections 279/337 IPC, PS Nand Nagri. The charge-sheet was submitted before Court on 11.12.2021. The case is at the stage of prosecution evidence. If the petitioner is admitted to bail, he may threaten the complainant and witness of the case.

3. The accused/applicant is in judicial custody since 11.10.2021. The charge-sheet stands filed and charges have been framed. The matter is now fixed for recording of evidence. The complainant is a native of Kashganj UP, who was coming back from Himachal Pradesh, so apparently there is no occasion to presume that the present petitioner will be in a position to coerce or threaten the said witness if appropriate conditions incorporated in the bail order.

3.1. Recording of evidence will take some time; the petitioner has a family consisting of his old age parents and three minor children; the other involvement of the petitioner in case FIR No. 463/2016 under Sections 279/337 IPC, PS Nand Nagri which must be regarding some accident which had taken place. That cannot be a case involving moral triptitude of the petitioner.

4. Keeping the above facts in view, I am inclinded to order release of the present petitioner on bail on execution of personal bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned Court subject to the following conditions:-

(i) He shall share his mobile number with the IO within three days of his release and shall keep the mobile location app on at all times;

(ii) The petitioner shall not leave the territory of Delhi without specific permission from the Trial Court;

(iii) The petitioner shall not contact, coerce or influence the complainant and other prosecution witnesses.

(iv) If the petitioner commits an offence of the same type again, the police authorities as well as the complainant has a right to move an application for concellation of bail;

(v) The petitioner shall attend the Trial Court on each and every date when the matter is listed.

5. Ordered accordingly.

6. Bail application is disposed of.