Full Text
Translation output
HIGH COURT OF DELHI
BAIL APPLN.2581/2018
SHYAM SUNDER Petitioner Represented by: Mr.Nilesh Kumar,Mr.Nimesh
Kumar,Mr.Babloo,Advs.
BAIL APPLN.2581/2018
SHYAM SUNDER Petitioner Represented by: Mr.Nilesh Kumar,Mr.Nimesh
Kumar,Mr.Babloo,Advs.
VERSUS
STATE Respondent Represented by: Ms.Meenakshi Chauhan,APP with
SI Jaibir PS Alipur.
SI Jaibir PS Alipur.
BAIL APPLN.3000/2018
LOKESH Petitioner Represented by: Mr.Avadh Kaushik,Mr.Robin
Singh,Advs.
LOKESH Petitioner Represented by: Mr.Avadh Kaushik,Mr.Robin
Singh,Advs.
VERSUS
STATE
(NCT OF DELHI) Respondent Represented by: Ms.Meenakshi Chauhan,APP with
SI JaibirPS Alipur.
(NCT OF DELHI) Respondent Represented by: Ms.Meenakshi Chauhan,APP with
SI JaibirPS Alipur.
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
25.01.2019 By these petitions the petitioners seek bail in case FIR No. 147/2017 under Sections 392/394/365/34IPG registered atPS Alipur.
The above-noted FIR was registered after an information was received regarding abduction ofdriver and cleaner ofa vehicle and looting oftruck videDD No.5A atPS Alipur. Laterthe victims Hargovind Yadav
25.01.2019 By these petitions the petitioners seek bail in case FIR No. 147/2017 under Sections 392/394/365/34IPG registered atPS Alipur.
The above-noted FIR was registered after an information was received regarding abduction ofdriver and cleaner ofa vehicle and looting oftruck videDD No.5A atPS Alipur. Laterthe victims Hargovind Yadav
BAIL APPLN.2581/2018& 3000/2018 Page 1 of3 ' \ ;
2019:DHC:7350 and Ashok Yadav were brought to Police Station Alipur wherein Hargovind
Yadav stated that on the night of 21-22"'^ April, 2017 he along with his helper Ashok Yadav had gone to District Katani, Madhya Pradesh in Truck
No.HR-55W1818 with 265 cartons from godown at village Siraspur,Delhi.
When they reached near Jindpur flyover, one car overtook and stopped his truck. Three persons came down from the car and forcibly entered the cabin ofthe truck and forcibly put the driver and cleaner ofthe truck behind the driver seat. One ofthe accused started driving truck towards Kamal Bypass.
Thereafter the complainant and his helper were shifted to a car followed by the truck with two accused persons and when Wazirabad flyover came,there they were thrown out ofthe car by tying their hands and legs with pieces of clothes.
The two witnesses i.e. Hargovind Yadav and Ashok Yadav have appeared in the witness box and stated about the entire incident as stated by them in the FIR and their statement recorded under Section 161 Cr.P.C. however, in their testimonies the two witnesses have not recognized the accused i.e. petitioners herein as the persons who kidnapped them.
Learned APP for the State submits that the fact that the victims though stated about the entire incident but failed to identify the petitioners clearly show the terror of the petitioners in the mind of the victims. She further states that by way of circumstantial evidence the petitioners have been connected to the offence for the reason at the instance of the petitioners, car and one carton ofthe looted property was recovered which was seized by police officer ofPS Kotwali Dehat,DistrictBulandsahar.
Considering the testimony ofthe two witnesses coupled with the
2019:DHC:7350 and Ashok Yadav were brought to Police Station Alipur wherein Hargovind
Yadav stated that on the night of 21-22"'^ April, 2017 he along with his helper Ashok Yadav had gone to District Katani, Madhya Pradesh in Truck
No.HR-55W1818 with 265 cartons from godown at village Siraspur,Delhi.
When they reached near Jindpur flyover, one car overtook and stopped his truck. Three persons came down from the car and forcibly entered the cabin ofthe truck and forcibly put the driver and cleaner ofthe truck behind the driver seat. One ofthe accused started driving truck towards Kamal Bypass.
Thereafter the complainant and his helper were shifted to a car followed by the truck with two accused persons and when Wazirabad flyover came,there they were thrown out ofthe car by tying their hands and legs with pieces of clothes.
The two witnesses i.e. Hargovind Yadav and Ashok Yadav have appeared in the witness box and stated about the entire incident as stated by them in the FIR and their statement recorded under Section 161 Cr.P.C. however, in their testimonies the two witnesses have not recognized the accused i.e. petitioners herein as the persons who kidnapped them.
Learned APP for the State submits that the fact that the victims though stated about the entire incident but failed to identify the petitioners clearly show the terror of the petitioners in the mind of the victims. She further states that by way of circumstantial evidence the petitioners have been connected to the offence for the reason at the instance of the petitioners, car and one carton ofthe looted property was recovered which was seized by police officer ofPS Kotwali Dehat,DistrictBulandsahar.
Considering the testimony ofthe two witnesses coupled with the
BAIL APPLN 2581/2018& 3000/2018 Page2of3 circumstantial evidence, this Court finds no ground to grant bail to the petitioners.
Petitions are dismissed.
JANUARY 25,2019 'ga' MUKTA GUPTA,J.
Petitions are dismissed.
JANUARY 25,2019 'ga' MUKTA GUPTA,J.
BAILAPPLN.2581/2018&3000/2018
Page3of3' ■
Page3of3' ■
JUDGMENT