Nizam Sheikh vs State (Govt. Of Nct Of Delhi) on 16 December, 2020

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Delhi High Court - Orders

Nizam Sheikh vs State (Govt. Of Nct Of Delhi) on 16 December, 2020

Bench: Vibhu Bakhru

                         $~5
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     BAIL APPLN. 3924/2020
                               NIZAM SHEIKH                               ..... Petitioner
                                                   Through:    Mr Vijay Kinger, Advocate.

                                                   versus

                               STATE (GOVT. OF NCT OF DELHI)       ..... Respondent
                                              Through: Mr Ravi Nayak, APP for State with
                                                       ASI Shailesh, Special Staff, East.
                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                        ORDER

% 16.12.2020 [Hearing held through videoconferencing]

1. The applicant has filed the present application seeking bail in FIR No. 02/2020 under Section 356/379/411/413/120B/34 of the IPC.

2. The said FIR was registered pursuant to the complaint that two persons riding on a Scooty had snatched the mobile phone of the complainant. Investigations in the case were conducted and on the basis of secret information, the applicant was apprehended. At his instance, 143 stolen mobile phones were recovered. It is alleged that during further inquiries, the applicant had disclosed that he was selling and purchasing stolen/snatched phones.

3. Mr Kinger, learned counsel appearing for the applicant submits that an offence punishable under Section 413 of the IPC is not made out because the applicant has not been convicted in any case.

Signature Not Verified digitally signed by:DUSHYANT RAWAL

4. Mr Nayak, learned APP appearing for the State also confirms the same. He, however, submits that out of the ones recovered at the instance of the applicant, 31 mobile phones have been traced to information provided by various owners.

5. The chargesheet in the present case has been filed and the investigation is complete.

6. The applicant has been in custody since past seven months. Since no further investigation is required and there is little possibility of the applicant attempting to influence any of the witnesses or tamper with the evidence, this Court considers it apposite to allow the present application.

7. The applicant shall be released on bail on his furnishing a personal bond in the sum of ₹10,000/- and two sureties, who are permanent residents of New Delhi, of the like amount to the satisfaction of the Trial Court/Duty Magistrate. This is also subject to following further conditions:

(a) The applicant shall confine himself in Sahibabad and would come to Delhi only for the purposes of attending the cases pending against him or to comply with the conditions of any summons or court order.

(b) The applicant shall provide a contact number to the concerned SHO/IO and ensure that he is reachable at all times;

(c) The applicant shall mark his presence before the Duty Officer of the concerned PS (PS Pandav Nagar) on first Monday of each calendar month;

(d) The applicant shall not contact any of the victims or their family Signature Not Verified digitally signed by:DUSHYANT RAWAL members;

(e) The applicant shall ensure that he is present on all hearings before the Trial Court;

8. The application is allowed in the aforesaid terms.

VIBHU BAKHRU, J DECEMBER 16, 2020 RK Signature Not Verified digitally signed by:DUSHYANT RAWAL

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Delhi High Court - Orders