Delhi High Court - Orders
Taimoor Khan @ Bhola vs State Nct Of Delhi on 21 December, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3654/2023
TAIMOOR KHAN @ BHOLA ..... Petitioner
Through: Mr. U.A Khan, Mr. Tushar
Upadhyaya, Mr. Shahrukh Khan, Mr.
Alok Kumar Karn, Ms. Rizwana
Khan & Mr. Shoeb Ahmad Khan,
Advocates.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Aman Usman, APP for State with
SI Dharmender, Spl. Cell Rohini/NR.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 21.12.2023
1. The present application under Section 439 of the CrPC seeks regular bail in case FIR No. 16/13 under Sections 174A/468/471/474 of the IPC, Sections 21/22/29/61/85 of the NDOS Act and Section 14 of the Foreigners Act.
2. The case of the prosecution, as stated in the status report dated 11.12.2023 authored by Inspector Anukul Panwar, Special Cell/NR & STF, Sector 6, Rohini, Delhi, is as under:
"1. Brief facts of the case are that during investigation of case FIR No. 26/12 u/s 21 & 29 NDPS Act PS Special Cell, many mobile numbers pertaining to associates of Taimur Khan @ Bhola (wanted in present case) were under legalized interception. During This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2023 at 00:18:18 monitoring of mobile numbers, it was revealed that one Panna Lal @ Vinod resident of Nirankari Colony, Delhi used to deal in heroin supplying in Delhi with the help of his associates. This fact was revealed from monitoring of interception of his mobile numbers 8860456652, 9718740463 and 8750839483.
2. On 06/04/2013, on basis of intelligence gathered manually and through electronic surveillance of mobile phones, a trap was laid near house no. 5/115, Nirankari Colony, Delhi where two accused persons namely Panna Lal @ Vinod and Manvender Singh Shekhawat were apprehended at about 07:05 PM, when Manvender Singh Shekhawat handed over a bag having 1.5 kgs heroin to Vinod. 1.5 kg heroin was recovered from possession of Panna Lal @ Vinod. Case FIR No. 16/13 u/s 21& 29/61/85 NDPS Act PS Special Cell was registered in this regard. Further investigation was taken up."
3. Learned counsel for the applicant submits that the case of the prosecution qua the present applicant is based on the disclosure statement of co-accused Panna lal who stated that the 1.5 kg of heroin recovered from the spot was brought by co-accused Manvender Singh from Bareily, Uttar Pradesh from the applicant. It is submitted that the case of the prosecution is that in order to establish connectivity between the applicant and co-accused persons, phone calls were intercepted and the voice sample of the applicant was obtained to match with the said intercepted calls. It is submitted that the result of the FSL report received in that regard states "no sufficient voice examples could be drawn due to large scale distortion appears to be in the form of disguising was observed in Ex. S-1. Hence, requisite speaker identification test could not be carried out".
4. In view of the above, it is submitted that in view of the above, no case is made out against the applicant. Learned counsel further submits that the applicant was arrested on 23.10.2021 and has been in judicial custody since then. It is submitted that the investigation in the present case is complete, the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2023 at 00:18:18 chargesheet stands filed and the trial is underway and no useful purpose will be served by keeping the applicant in judicial custody any further.
5. Per contra, learned APP for the State opposes the present applicant and submits that during the course of investigation, the applicant absconded and was declared a proclaimed offender. In view of his past conduct, he is likely to evade trial if released on bail. It is further submitted that the applicant is the main accused in the present case who is also the kingpin of the entire syndicate involved in supply of contraband. Learned APP for the State, on instructions of the Investigating Officer, does not dispute the FSL result regarding the matching of voice sample of the applicant with the voice in the intercepted calls, as recorded hereinabove.
6. Heard learned counsel for the parties and perused the record.
7. The case of the prosecution, qua the applicant, is based on the disclosure made by co-accused Panna Lal to the effect that the recovered heroin was brought by co-accused Manvender Singh from Bareily, Uttar Pradesh from the applicant. Apart from the said disclosure, it is further the case of the prosecution that phone calls between the said co-accused Panna Lal and the applicant were intercepted which reveal a connection between them. However, admittedly, the voice sample of the applicant has not matched with the voice recorded in the intercepted phone calls.
8. In totality of the facts and circumstances of the case, the present application is allowed. The applicant is directed to be released on bail, on his furnishing a personal bond of Rs. 25,000/- with two sureties of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions:
i. The applicant shall not leave India without prior permission of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2023 at 00:18:18 learned Trial Court.
ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
9. The application is allowed and disposed of accordingly.
10. Pending application, if any, also stand disposed of.
11. Needless to state that nothing stated hereinabove is an opinion on the merits of the case.
12. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
13. Order be uploaded on the website of this court forthwith.
AMIT SHARMA, J DECEMBER 21, 2023/bsr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2023 at 00:18:18