* HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPL. No.1340/2011
Date of Decision : 01.05.2012
MEHTAB ALI @ GUPTA ...... Petitioner
Through: Mr. Haneef Mohd. &
Mr. Anil Vyas, Advs.
Versus
STATE ...... Respondent
Through: Mr. Sunil Sharma, APP
WITH
BAIL APPL. NO.1795/2011
MOHD. IRFAN KHAN @ SONU ...... Petitioner
Through: Mr. Biswaji Swain &
Mr. Manoj Kumar, Advs.
Versus
STATE ...... Respondent
Through: Mr. Sunil Sharma, APP
CORAM :
HON'BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J. (Oral)
1. These are two bail applications filed by Mehtab Ali and Mohd.
Irfan Khan.
2. I have heard the learned counsel for the petitioners separately.
Bail Appl. No.1340/2011 & 1795/2011 Page 1 of 7
3. The arguments, which have been advanced by both the counsel, though separately, are almost on the same lines. It has been contended by them that the evidence, which has been recorded against the petitioners till date, does not show their involvement in the commission of the offence. It has also been contended by the learned counsel for the petitioners that the co-accused, on the basis of similar evidence, has also been released on bail and, therefore, the present petitioners be also extended the said benefit of bail.
4. The learned APP has vehemently opposed the application for the grant of bail and has contended that there is ample evidence which has been brought on record by the Prosecuting Agency against the petitioners. It has also been contended by him that at the stage of the grant of bail, this Court is not required to go into the minute dissection of the evidence adduced by the Prosecution.
5. I have carefully considered the submissions made by the respective sides.
6. Briefly stated, the case of the Prosecution against the petitioners is thus:-
Bail Appl. No.1340/2011 & 1795/2011 Page 2 of 7 That on 29.11.2010, Shri Paramjit Singh, s/o Kulwant Singh, M/s. Akal Transport Company, A-4A, Vishwakarma Colony, Tugalkabad, New Delhi had made a written complaint addressed to SHO/Pul Prahladpur, New Delhi that on 27.11.2010, at 9:00 P.M. his driver, Suraj, s/o Keshav, r/o Village Fetul Pur, Distt. Gazipur (UP) took his truck No. HR 37 B 5209 with container No.CAXU 2877327-20 loaded with plastic dana for Mayapuri, Delhi, but he could not reach the destination. Driver Suraj was having Mobile No.9910838446, but on dialing his phone, it was found switched off. His house telephone No. was 07897684341, but the same was also found switched off. The container was to be delivered at M/s. Doshi Plastic Industries, Mansarover Garden, Mayapuri, New Delhi, but the same did not reach there also. The above complaint was marked to SI Mahender Singh for necessary action. Subsequently, on 30.11.2010, the above case was got registered by SI Mahender Singh u/s 407 IPC against driver Suraj and investigation was carried out.
7. During investigation on 4.12.2010, SI Mahender Singh received a letter No.8699/AC-III-Addl. CP/SED dated 4.12.2010 with inquest papers of driver Suraj from PS:Sadar Bail Appl. No.1340/2011 & 1795/2011 Page 3 of 7 Sonepat (Haryana) that on 1.12.2010, the truck No. HR 37 B5209 was found abandoned at Sector-7 road, Sonepat and the dead body of driver Suraj was found in the cabin of the truck behind the driver seat with the rope tied around the neck of the dead body. The dead body and the truck were got photographed and got inspected by FSL team, Madhuban and FPB team, Sonepat; no chance prints were found. The dead body was identified by Shri Paramjeet Singh, the truck owner and the employer of driver Suraj and his uncle Sunil, s/o Nand Ram. The truck with 33 begs plastic dana was seized by IO, ASI Dharambir Singh, PS:Sadar, Sonepat. The dead body of Suraj was sent for postmortem at Civil Hospital, Sonepat. The papers pertaining to plastic dana were attached with inquest papers. On 2.12.2010, postmortem of the dead body was got conducted by the IO at PGIMS, Rohtak, where Shri Keshav, father of the deceased, also identified the dead body. The cause of death was opined as strangulation coupled with smothering. However, viscera has been preserved for chemical analysis for detection of any poisonous substance/stupefying agent, if any. The offence was changed to u/s 392/302/201/411/34 IPC.
Bail Appl. No.1340/2011 & 1795/2011 Page 4 of 7
8. On 6.12.2010, the further investigation of the case was marked to Inspector Desh Raj Yadav. On the same day, an information was received from SI:Sanjay Neolia, ARC, Crime Branch, Nehru Place, vide DD No.12-B, dated 6.12.2010, that the petitioner, Mehatab Ali @ Gupta, s/o Kayam Ali and Irfan, s/o Bhure Khan had been arrested vide DD No. 10 u/s 41.1(d)/102 Cr.PC dated 5.12.2010, Crime Branch, Delhi. Both the above mentioned accused had disclosed the commission of this crime and the petitioner, Mehtab @ Gupta, along with co-accused Irfan Khan, was apprehended with truck No. UP 17-1705 in which 350 begs of looted plastic dana were loaded and both had gone to dispose of the same at Narela Industrial Area.
9. Both the accused persons were arrested in this case and their further Disclosure Statements were recorded. Their police remand was obtained. During the PC remand, both the accused persons have correctly identified the places where deceased, Suraj was administered with poisonous tablets and was murdered at Goripur Border and they unloaded the plastic dana. Further, at the instance of the petitioner, Mehtab Ali, Bail Appl. No.1340/2011 & 1795/2011 Page 5 of 7 other truck with 250 begs of plastic dana was also recovered from the locality in Narela.
10. The petitioner disclosed that he, along with Kasim, had purchased the plastic dana @ Rs. 45/- per kg. from Irfan and Prakash. But Prakash informed him that the driver, Suraj would not agree to sell the same. On this, he gave poisonous tablets to Prakash after mixing it in the wine of the driver, Suraj. The petitioner had also correctly identified the place where Suraj was strangulated by them and the plastic begs were reloaded in another vehicle. Identification memos were prepared. Case property, i.e., plastic dana, truck with container and other vehicles were got transferred from PS:Crime Branch and deposited in Malkhana of this PS. Efforts have also been made to arrest co-accused Prakash, but he has not been traced so far. A Chargesheet has already been filed in this case and the arguments are to be heard on 24.11.2011.
11. All the recovery of plastic dana and trucks have been made at the instance of the applicant accused. He is also previously involved in FIR No.606/2000 u/s 396/412/120-B IPC, PS:Bagpat (UP).
Bail Appl. No.1340/2011 & 1795/2011 Page 6 of 7
12. In view of the aforesaid facts and the prima facie evidence gathered by the police, it is not a fit case to grant bail to the petitioners. Hence, the applications are dismissed.
V.K. SHALI, J.
MAY 01, 2012 tp Bail Appl. No.1340/2011 & 1795/2011 Page 7 of 7