Bhupinderjit Singh v. State NCT of Delhi

Delhi High Court · 16 Jul 2025 · 2025:DHC:5668
Girish Kathpalia
BAIL APPLN. 1844/2025
2025:DHC:5668
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to the accused in an illegal migration case due to completed investigation, delayed prosecution, and insufficient evidence beyond a co-accused's confession.

Full Text
Translation output
BAIL APPLN. 1844/2025
HIGH COURT OF DELHI
Date of Decision: 16.07.2025
BAIL APPLN. 1844/2025
BHUPINDERJIT SINGH @LUCKY NAGPAL @ MANMEET KUMAR @ MANVEER .....Petitioner
Through: Mr. Ajay Marwah, Advocate.
VERSUS
STATE NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
WITH
SI Dinesh Singh, PS IGI Airport, Special Cell.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The accused/applicant, suffering incarceration for past about 08 months seeks regular bail in case FIR No. 160/2011 of PS IGI Airport (Special Cell) for offence under Section 419/420/468/461/474/201/120B IPC and Section 12 of P.P. Act. Despite last order, status report has not been filed by the State. However, the IO/SI Dinesh has appeared to assist the prosecution.

2. Briefly stated, the prosecution case is that the accused/applicant is engaged in an illegal migration racket and he sent one Navdeep Kaur to KATHPALIA Date: 2025.07.16 16:36:32 +05'30' Belgium on a forged passport. The said forged passport was originally issued in the name of Ms. Asha Panigrahi and the same was stolen in the U.K. When Navdeep Kaur reached Belgium on the said forged passport, she was deported and brought back to India.

3. In response to a specific query, IO submits that no other case has been reported in which the accused/applicant was involved in any illegal migration. As regards the present case, the IO submits that the only evidence of complicity of the accused/applicant is the confessional statement of coaccused Navdeep Kaur, recorded when she was in police custody.

4. Further, on last date, it was submitted by the prosecution side that the accused/applicant was declared a proclaimed offender in the year 2013 and was arrested in the year 2024. In this regard, prosecution was directed to file status report to explain the circumstances in which the accused/applicant was declared a proclaimed offender and was arrested. No such status report has been filed and it is explained by the IO that he could not locate the order by which the accused/applicant was declared a proclaimed offender.

5. Considering the above circumstances, coupled with the fact that investigation completed long back and chargesheet was filed in the year 2011, followed by supplementary chargesheet in the year 2024, I find no reason to further deprive the accused/applicant liberty.

KATHPALIA Date: 2025.07.16 16:36:46 +05'30'

6. The application is allowed. 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 learned trial court.

7. Copy of this order be sent to the concerned Jail Superintendent for being immediately conveyed to the accused/applicant.

GIRISH KATHPALIA (JUDGE) JULY 16, 2025/ ry GIRISH KATHPALIA