Delhi High Court
Salman vs State on 6 December, 2019
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on 06.12.2019
+ BAIL APPLN. 2601/2019
SALMAN ..... Petitioner
Through: Mr. A.Ali khan and
R.P.S.Bhati, Advocates.
versus
THE STATE
(GOVT. OF NCT OF DELHI) ..... Respondent
Through Mr. G.M.Farooqui, APP for
the State.
SI Suresh Bhatia: PS Karawal
Nagar.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J.(Oral)
1. Vide this order, I shall dispose of a bail application u/s 439
Cr.P.C. filed by the petitioner Salman in FIR No. 223/2019, u/s.
392/397/411/34 IPC, P.S. Karawal Nagar, Delhi.
2. Ld. Counsel for the petitioner has prayed for bail on the ground
that petitioner is innocent and falsely implicated by the U.P. police as
well as by the police of PS Karawal Nagar, Delhi. Nothing has been
recovered from the possession or at the instance of the petitioner. It is
further submitted that ingredients of Section 397 IPC are not
applicable in the present case. No TIP of the petitioner has been
conducted and the disclosure statements of both the accused persons
are contradictory to each other. It is further submitted that
investigation is complete and charge sheet has been filed and
therefore, petitioner be released on bail in the interest of justice.
3. Ld. APP for the state has opposed the bail application on the
ground that allegations against the petitioner are serious in nature.
Petitioner is a serial offender and a number of criminal cases are
pending against him. He has, therefore prayed for dismissal of the bail
application.
4. I have considered the rival submissions. As per prosecution
version, the present FIR was registered on the complaint of
complainant Sh. Satish Jain wherein he has stated that on 15.06.2019
when he was going to his home at Loni Road and had reached near
Shiv Vihar Metro Station, two unknown boys looted his jewellery,
mobile phone and cash of Rs. 25,000/-. During investigation, accused
Salman was arrested. Photograph of petitioner was shown to the
complainant and he duly identified the petitioner in the present case.
During investigation, other co-accused Imran @ Modal was also
arrested at the instance of petitioner Salman and one Vivo mobile
Phone and motor cycle used in the commission of the offence was
recovered at the instance of accused Salman from the house of co-
accused Imran @ Modal. Complainant has also identified case
property i.e. neck chain during TIP proceedings. The petitioner is also
stated to be previously involved in the following cases :-
Sl.no. FIR no. Under Section and Police Station
1 592/2019 393 IPC, PS Loni Ghaziabad, U.P.
2 434/20189 60/63 Excise Act, PS Loni Ghaziabad, U.P.
3 2337/2019 8/21 NDPS Act., PS Loni Ghaziabad, U.P.
4 620/19 3/25 Arms Act, PS Loni Ghaziabad, U.P.
5 223/19 392/397/411/34 IPC, PS Karawal Nagar
6 212/19 392/34 IPC, PS Karawal Nagar
7 174/19 392/34 IPC, PS Karawal Nagar
8 020232/19 379/411 IPC, PS Bhajan Pura
9 0120070/19 379/411 IPC, PS Seelampur
5. Keeping in view the fact that petitioner is involved in
number of criminal cases not only in Delhi but also in U.P and also
seeing the gravity of offence, no grounds for bail are made out.
The bail application is, therefore, dismissed and stands disposed of
accordingly.
BRIJESH SETHI, J
DECEMBER 6, 2019
(AK)
