Delhi High Court - Orders
Sachin Paswan vs State ( Govt. Of Nct Of Delhi) on 16 November, 2022
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2942/2022
SACHIN PASWAN ..... Petitioner
Through: Mr. Bankey Bihari and Mr. Birendra
Bikram, Advocates.
versus
STATE ( GOVT. OF NCT OF DELHI) ..... Respondent
Through: Mr. Utkarsh, APP for the State with
SI Sunil, PS: Patparganj Industrial
Area.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 16.11.2022
1. This application is 439 of the Cr.P.C. in connection with FIR No.1227/2019 registered at Police Station Patparganj Industrial Area (PIA), District-East Delhi, for offences punishable under Sections 392/394/397/342/328/34 of the IPC.
2. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and he has been falsely implicated in the case. According to him, he does not have any relation with the instant case. It is when he was found involved in another case the police has falsely implicated him in the instant FIR. The applicant is in jail since 27.11.2019 and about three years have passed. As of now, only two witnesses have been examined whereas 09 witnesses are yet to be examined. He, therefore, states Signature Not Verified Signed By:PRATIMA Signing Date:21.11.2022 18:22:15 -2- that continuous incarceration of the applicant in the instant case is not required and the same is furthermore not necessary in view of the fact that the examination of PW1/complainant has already been done and no purpose would be served keeping the applicant in jail. Learned counsel for the applicant further places reliance on the decision of this court in the case of Hasim @ Sonu v. State of NCT of Delhi dated 26.04.2022 in the Bail Appln. 549/2022, wherein, the co-accused Hasim @ Sonu has been enlarged on bail. He, therefore, prays parity with the case of Hasim @ Sonu.
3. Learned APP for the State vehemently opposed the application and he states that taking into consideration the nature of the offence and the extent of punishment to which the applicant can be convicted, this court should not accept his bail. He further states that the applicant is also an accused in FIR No.333/2019 for offences punishable under Sections 25 of the Arms Act registered at Police Station Crime Branch, Delhi. He further states that delay in trial is not attributed to the state whereas, another accused was not arrested and after he was declared as Proclaimed Offender, the trial court could proceed against the remaining accused. According to the learned APP, there is sufficient evidence against the present applicant and even the complainant in his statement has duly identified the applicant and has supported the case of the prosecution.
4. I have heard the learned counsel appearing on behalf of the parties and perused the record.
5. The prosecution case would show that FIR in question has been registered at the instance of complainant Sattar Khan S/o Ali Mohammad. He initially reported theft of his mobile, wallet containing documents and Signature Not Verified Signed By:PRATIMA Signing Date:21.11.2022 18:22:15 -3- damage of tablet on 02.11.2019. It is further seen that on 20.11.2019, he submitted a written complaint, wherein, he stated that he drives an OLA cab and on 01.11.2019, the received a booking order opposite EDM mall. When he started driving his car, he received phone call from accused person who booked the cab and asked the complainant to come near Anand Vihar foot- over bridge. He further stated that the accused persons boarded the cab and thereafter they reached near Noida Sector-26. According to his written complainant, two persons, who were sitting on the back seat of the car caught hold of the complainant by his neck and dragged him on the back side. He was shown pistol and barrel of the pistol. He was beaten up and his mobile, Aadhaar Card, Pan Card, license, silver ring and Rs.900/- were robbed by them. He goes on to state that after one of the accused persons sat on the driving seat and drove that car, after some time, complainant was dumped in a Dezire car and later on he was taken to a flat where he was made to drink frooty and after 15-20 minutes he became unconscious. The complainant regained consciousness on next date i.e. on 02.11.2019, around 7:00 am and he found himself at Mohan Nagar from there he went to his home and lodged e-FIR by himself.
6. It is seen that the initially the offence under Section 379 of the IPC was registered later on offence under Section 392/394/397/342/328/34 of the IPC was added. It is further seen that on 20.11.2019, on receiving information of involvement of four accused persons in connection with the FIR No.339 of 2019, the involvement of the present applicant in the present FIR was also revealed. Apparently, the allegation made in the subsequent complaint dated 20.11.2019 did not find mention in complaint dated Signature Not Verified Signed By:PRATIMA Signing Date:21.11.2022 18:22:15 -4- 02.11.2019. It is also to be noted that the applicant is in jail for about three years. The applicant is permanent resident of Loni Dehat, Ghaziabad, Uttar Pradesh. The trial will take sufficient time for its conclusion. The co- accused @ Sonu has also been granted bail by this court vide order dated 26.04.2022. There is no recovery made from the present applicant. The evidence of the complainant has already been recorded.
7. With the aforesaid reasons this court finds it appropriate to grant regular bail to the applicant on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Jail Superintendent/trial court and subject to the further following conditions:
(i) The applicant shall under no circumstances leave Delhi/NCR without prior permission of the Court concerned;
(ii) The applicant appear before the court concerned as and when required;
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
(iv) The applicant shall provide his mobile number(s) and keep it operational at all times;
(v) The applicant shall commit no offence whatsoever during the period he is on bail.
8. The application is disposed of.
9. Order dasti.
PURUSHAINDRA KUMAR KAURAV, J NOVEMBER 16, 2022/p Click here to check corrigendum, if any Signature Not Verified Signed By:PRATIMA Signing Date:21.11.2022 18:22:15