Kaka vs State Nct Of Delhi & Anr.
2015 Latest Caselaw 1917 Del

$~58
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                       Date of Decision: March 04, 2015

+      BAIL APPLN. 433/2015
       KAKA                                               ..... Petitioner
                          Through:     Mr. K.G. Sethi, Advocate

                          versus

       STATE, NCT OF DELHI & ANR                  ..... Respondent
                     Through: Mr. Vinod Diwakar, Additional
                               Public Prosecutor for respondent-
                               State with SI Deep Chand

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                           JUDGMENT

% (ORAL)

In the case of theft of `70,000/- (cash), one diamond necklace, gold chain and other jewellery items, petitioner seeks pre-arrest bail in FIR No. 1397/2014 under Sections 380/454 of IPC registered at Police Station Malviya Nagar, Delhi.

The allegations against the petitioner are that he committed theft after entering into the house of complainant and had broken the locker in the complainant's house. To seek pre-arrest bail, learned counsel for petitioner submits that petitioner is a prime suspect because he was doing the job of whitewashing in the house of complainant and petitioner is innocent and is ready to join investigation and so he deserves the

BAIL APPLN. 433/2015 Page 1 concession of pre-arrest bail.

To submit so, learned counsel for petitioner places reliance on decisions in Amin Khan Vs. State 2013 IV (Delhi) 522, Dinu Bhai Bogha Bhai Vs. State of Gujrat, 2014 (2) JCC 1333, Mohd. Fazian Ahamad Vs. State of Bihar, (2013) 2 S.C.C. 131, Durjan Singh Vs. State 2014 (1) JCC 628, Sherish Hardenia & Ors. Vs. State of M.P. & Anr. 2014 (2) JCC 1354 and Mohd. Shakir Vs. State of NCT of Delhi 2014 (1) JCC 194.

Upon hearing and on perusal of FIR in question and order of 23rd December, 2014 declining pre-arrest bail of petitioner, I find that the facts of this case are such which distinguishes the case of the petitioner from the case of other accused persons in the afore-cited decisions.

This application for pre-arrest bail is dismissed while not commenting on merits, lest it may prejudice petitioner when he seeks regular bail.

This petition and the pending applications are accordingly disposed of.

                                                       (SUNIL GAUR)
                                                           JUDGE
MARCH 04, 2015
rs




BAIL APPLN. 433/2015                                                   Page 2