Sultan v. State (NCT of Delhi)

1. The instant application under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeks anticipatory bail in connection with FIR No.167/2022, registered at Rajinder Nagar, for the offence punishable under Section 397/34 IPC. 2022:DHC:3181 - 2 -

2. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. According to him, at the time of occurrence of the crime, the applicant was at his residence, which fact can be verified from the CCTV cameras of the area. He submits that his custodial interrogation is not required as the prosecution has taken a different stand before the trial court, during the pendency of the bail application before the said court. He further submits that the health condition of the applicant is not well; and he does not have any criminal antecedents.

3. The learned APP for the State opposed the application and while placing reliance on the status report filed by the State, he submits that the applicant is the main conspirator and he is the one who had arranged and supplied arms and ammunition to the other accused persons for the commission of the crime in question. He also stated that the case property is yet to be recovered from the applicant and the custodial interrogation of the applicant is required to take the investigation to its logical end. Since, the applicant is not co-operating with the investigation, therefore, non-bailable warrant has been issued against the applicant on 12.07.2022. Two more co-accused in the present case, are yet to be arrested and therefore, taking into consideration the seriousness of the offence, this court should not grant anticipatory bail to the applicant.

4. Heard learned counsel appearing on behalf of the parties and perused the record.

5. The prosecution case shows that on 09.06.2022, a PCR call was received by the police regarding the robbery of jewellery and cash by five armed persons in a white car bearing No.RJ 2541. The FIR in question was registered, investigation of the case was taken up and CCTV cameras of the area were checked. With the help of the CCTV - 3 footage, exact number of vehicle was identified as RJ 04CA 2541. During investigation, it was found that the car itself was robbed from Police Station Bapu Dham, Ghaziabad, U.P.; and on 14.06.2022, two persons, namely, Md. Mustakeen, s/o Md. Dilshad and Menhdi Hasan, s/o Md. Riyaz, were arrested with country made pistols, with three live rounds and two live rounds, respectively. The vehicle involved in the crime and another scooty bearing No. UP 12AW 8315 were recovered from their possession. Both the accused disclosed involvement of other co-accused persons, including the present applicant. It is seen that illegal arms and robbed vehicle were used in the offence; some of the case property of the robbery is yet to be recovered; and two other co-accused persons are still absconding.

6. The nature of the offence is serious and all the accused persons are yet to be arrested. As per the status report filed by the respondent, the petitioner is the main conspirator who had arranged and supplied arms and ammunition to the other accused persons for the commission of the robbery. Therefore, under the facts and circumstances of the present case, this court does not find it appropriate to exercise its power under Section 438 Cr.P.C. for granting anticipatory bail

7. Accordingly, the instant application is rejected.

JUDGE AUGUST 22, 2022 ‘MJ’