Delhi High Court
Charat Singh vs State on 10 December, 2019
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 10.12.2019
+ BAIL APPLN. 2324/2019 & Crl. M.A.36025/19
CHARAT SINGH ..... Petitioner
Through: Ms. Isha Khanna &
Mr.Roshan Lal, Advocates
versus
THE STATE OF DELHI ..... Respondent
Through: Mr. G.M.Farooqui,
Additional Public Prosecutor
for respondent/State
Mr. Sanjiv Kumar, Advocate
for Mr.Gaurav Kochar,
Advocate for complainant
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of an anticipatory bail
application filed on behalf of the petitioner Charat Singh under
section 438 Cr.P.C. in FIR No. 216/2019 u/s. 307/302/34 IPC &
Section 27/54/59 Arms Act, PS Sonia Vihar.
2. Ld. Counsel for the petitioner has prayed for anticipatory bail
Bail Appl. no. 2324/2019 Page no.1 of 4
on the ground that petitioner is innocent and has been falsely
implicated. At the time of alleged offence, petitioner was in a
Restaurant namely Bikaner, Connaught Place, New Delhi from 5.07
p.m. to 7.10 p.m. which is clear from CCTV footage. The petitioner
is ready to join the investigation as and when required and in these
circumstances, it is prayed that petitioner be released on anticipatory
bail.
3. Ld. Counsel for the petitioner, in support of its submissions,
has relied on Abhishek Chetal v. Central Bureau of Investigation
and Ors., CRL(M) No. 44010 of 2016(O&M) of Punjab and
Haryana High Court.
4. Ld. APP for the State has opposed the anticipatory bail
petition on the ground that the allegations against the petitioner are
serious in nature. It is further submitted that co-accused Bharat
Singh (brother of petitioner) has been arrested in this case on
23.11.2019 and he has disclosed that he and the petitioner hatched
the conspiracy to kill Baburam. It is further submitted that it was
petitioner Chatar Singh who shot two rounds bullet on deceased
Baburam. The photograph of the petitioner has been given to FSL
Bail Appl. no. 2324/2019 Page no.2 of 4
to match the same with the CCTV footage obtained from
Bikanerwala Sweets, Connaught Place, Delhi. Petitioner is not
joining the investigation. Proceedings under Section 82 Cr.P.C. has
been issued against him and proclamation has been done on
08.10.2019. It is further submitted that several FIRs are pending
against the petitioner. Ld. APP, has therefore, prayed for dismissal
of the anticipatory bail application.
5. I have considered the rival submissions. I have gone through
the case law relied upon by the Learned Counsel for the petitioner
titled "Abhishek Chetal v. Central Bureau of Investigation and
Ors., CRL(M) No. 44010 of 2016(O&M)". However, the same is
distinguishable on the basis of facts and circumstances stated
therein.
6. The allegations levelled against the petitioner are serious in
nature. Petitioner has not joined the investigation and his custodial
interrogation is required to unearth the conspiracy behind the
murder and recovery of weapon of offence. So far as presence of
petitioner at Bikanerwala is concerned, the footage has been sent to
FSL and the said fact which is in the form of alibi cannot be decided
Bail Appl. no. 2324/2019 Page no.3 of 4
at this stage. It is a settled law that no mini trial can be conducted at
the stage of bail. The FSL report is yet awaited. In these
circumstances, the anticipatory bail petition along with other
application is dismissed and stands disposed of accordingly.
BRIJESH SETHI, J
DECEMBER 10, 2019
Ak
Bail Appl. no. 2324/2019 Page no.4 of 4
