Delhi High Court - Orders
Zahid vs State Of Gnctd on 26 November, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2732/2021
ZAHID ..... Petitioner
Represented by: Mr. Abdul Gaffar, Advocate through
video conferencing.
versus
STATE OF GNCTD ..... Respondent
Represented by: Mr. G.M.Farooqui, APP for the State
with SI Himanshu Yadav, PS
Welcome.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 26.11.2021
1. By this petition, the petitioner seeks regular bail in case FIR No.193/2020, under Sections 392/394/395/397/412/34 IPC and Sections 25/27 of the Arms Act, registered at PS Welcome.
2. Learned counsel for the petitioner states that the petitioner has not been named in the FIR though the complainant claims that he is known to him. Even on seeing the CCTV footage, no role has been attributed to the petitioner. Further, the co-accused persons, who were similarly placed have already been granted bail and hence on parity, the petitioner is entitled to grant of bail.
3. The above noted FIR was registered on the statement of Ankit Baweja recorded on 15th April, 2020 wherein he stated that he has an egg godown at A-46, New Jafrabad. At about 11:58 a.m. on the said date, four people came inside his godown with their faces covered with handkerchief like mask, two of them were armed with desi katta each, one had a knife in his Signature Not Verified BAIL APPLN. 2732/2021 PageDigitally 1 of Signed 3 By:JUSTICE MUKTA GUPTA Signing Date:29.11.2021 22:04:44 hand and fourth one had no weapon in his hand. It is stated that all the four persons took the money from the cash counter in the godown and the person who had a desi katta hit his employee Naresh with the butt of katta. It is alleged that accused person took away the complainant's mobile One Plus and ran away from the spot. On the same day, footage of the CCTV installed at the shop of the complainant was analyzed and it was revealed that six persons were involved. Supplementary statement of Ankit Baweja was recorded wherein he identified one of the persons as Zahid, the present petitioner, as he used to come to his godown to buy eggs. He further stated that while committing robbery they were taking names as Abbas, Soheb and Kazim. Since Zahid was named in the FIR itself search was carried out and on 18th April, 2020 five accused persons were arrested on the secret information received and the petitioner was one of the said accused. From the possession of the petitioner one desi katta with one live cartridge was recovered.
4. This Court has also perused the CCTV footage of the incident wherein it is seen that the complainant and his employee were counting the cash when four boys entered the godown initially followed by others. Petitioner is stated to be the one who goes towards the cash counter. The learned ASJ while granting bail to the co-accused persons has held that the complainant in his supplementary statement has not described any role to the accused persons. A perusal of the CCTV footage would reveal that the role of all the accused is similar because all of them besides showing weapon are taking away the cash from the cash counter. Further, accused were not fully masked and were wearing masks worn these days by tying the handkerchief type clothe. Hence, it was not difficult for the complainant to have identified Signature Not Verified BAIL APPLN. 2732/2021 PageDigitally 2 of Signed 3 By:JUSTICE MUKTA GUPTA Signing Date:29.11.2021 22:04:44 the person whom he was knowing earlier, that is the present petitioner.
5. Having perused the CCTV footage, this Court finds no ground to grant bail to the petitioner.
6. Petition is dismissed.
7. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 26, 2021 vk Signature Not Verified BAIL APPLN. 2732/2021 PageDigitally 3 of Signed 3 By:JUSTICE MUKTA GUPTA Signing Date:29.11.2021 22:04:44