Full Text
HIGH COURT OF DELHI
Date of Decision: 26.08.2025
BADSHAH KHAN @ DEEPAK THROUGH PAIROKAR BROTHER SALIM .....Petitioner
Through: Mr. Ravindra Narayan and Mr. Manish Kumar Shukla, Advocates
MUBARAKPUR .....Respondent
Through: Mr. Nawal Kishore Jha, APP for State
Pur
JUDGMENT
1. The accused/applicant seeks regular bail in case F1R No. 346/2024 of PS K.M. Pur for offence under Section 319(2)/318(4)/61(2)/309(4)/ 311/345(3) BNS.
2. Learned APP accepts notice and in all fairness submits on instructions of IO/SI Rajender Yadav that there is no serious objection to grant of bail to the accused/applicant as three co-accused persons have already been granted bail.
3. Broadly speaking, prosecution case is as follows. On 05.10.2024, a GIRISH KATHPALIA complaint was lodged before the local police by one Shri Ravinder Sharma, alleging that on suggestion of his friend Sanjay to the effect that from Nepal, gold at rates 30% cheaper can be purchased, in order to do so, on 03.10.2024, accompanied with his nephew Aman and carrying cash Rs.11,00,000/-, he went to South Extension Metro Station Gate No. 3, where on directions of Sanjay, he met one Deepak, who led them to office in J- Block, South Extension Part-I. There he handed over Rs. 11,00,000/- to Deepak and the latter handed over gold in a bag, offering to deliver the bag in the car of the complainant. Thereafter, complainant, Deepak and Aman started walking towards the car. In the meanwhile, on a Pulsar motorbike two persons came, who were wearing police shoes and khaki pants and one of them who was carrying a “pistol-like instrument” snatched the gold bag and asked them about the same. Seeing this, Deepak and Aman fled away and the persons on motorbike started following them. Subsequently, those motorcycle-borne snatchers fled away. The incident occurred on 03.10.2024 but the complainant lodged his complaint on 05.10.2024.
4. It is submitted by learned APP that the only evidence collected against the accused/applicant is the CCTV footage and recovery of Rs.6,00,000/- (approximately) from the accused/applicant. But so far as the CCTV footage is concerned, learned APP on instructions of IO admits that the said footage is not of the incident of alleged snatching of gold bag. Further, the IO discloses that there is also telephonic connectivity between the accused persons. But that can be there because they were all working with the gold seller. st=Delhi,
5. Considering the above circumstances, the bail application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.
GIRISH KATHPALIA (JUDGE) AUGUST 26, 2025