Citation : 2019 Latest Caselaw 6641 Del
Judgement Date : 18 December, 2019
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 18.12.2019
+ BAIL APPLN. 2925/2019
Rumit Kumar Maan ..... Petitioner
Through: Mr. Siddharth Pandit &
Ms. Aradhana Pandit,
Advocates.
versus
STATE (NCT OF DELHI) ..... Respondent
Through Mr. G. M. Farooqui,
APP for State along with
Insp. O. P. Mandal,
PS Ashok Vihar.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J.(oral)
1. Vide this order I shall dispose of a bail application filed u/s. 439
CrPC by the petitioner Rumit Maan in FIR No. 453/2019 u/s.
384/342/506/120-B IPC, P.S. Ashok Vihar.
2. Ld. Counsel for the petitioner has prayed for bail on the ground
that petitioner is innocent and has been falsely implicated. It is
submitted that petitioner is in JC since 23.10.2019 and no more
required for the purpose of investigation. It is submitted that
complainant has taken loan from Shri Ved Prakash Maan, paternal
uncle of the petitioner and now matter has been settled between them
and petitioner has nothing to do with the present dispute. The bank
statement of Shri Ved Prakash Maan clearly shows that the
complainant Pulkit Kundra has received the amount on various
occasions in the year 2017-18 & 2018-19. It is submitted that present
FIR has been registered in collusion with the local police to falsely
implicate the petitioner in a criminal case. Petitioner is neither a hard
core criminal nor an influential man. The petitioner had moved an
application u/s 439 CrPC seeking regular bail before Ld. ASJ-04,
North-West, Rohini Courts, New Delhi. However the said application
of the petitioner was dismissed by the Ld. Trial Court vide order dated
30.10.2019. It is submitted that since investigation has already been
completed, in these circumstances, no fruitful purpose will be served
by keeping the petitioner in JC. It is therefore, prayed that he be
released on bail, in the interested 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. He
has, therefore prayed for dismissal of the bail application.
4. I have considered the rival submissions. Present case has been
registered on the complaint of Mr. Pulkit Kundra against petitioner
Rumit Maan and co-accuseds Pravesh Maan, Suraj, Sanjay and Vikas
Maan @ Vicky. Complainant has alleged that he is running an office
of second hand Car Sale and Purchase. On 17.10.2019 at about 6 PM,
petitioner along with his PSO and co-accused persons Pravesh Maan
and Vikas Maan @ Vicky had come to his office and asked about the
keys of AUDI A6 Car bearing No. DL-3CCR-1989. On refusal by the
manager Tarun Tandon all of them threatened him. On 18.10.2019 at
around 2 PM, petitioner along with his PSO and co-accused persons
Vikas Ahlawat @ Vicky had come at his office and again demanded
the key of the abovesaid Car. However, when manager Tarun Tandon
refused to give the keys, after threatening them they left the office. On
19.10.2019 at around 2.30 PM, co-accuseds Sanjay @ Sanju and
Vikash Maan @ Vicky along with PSO entered into the said office
and demanded the key of the said Audi A6 Car. When Manager,
Tarun Tandon refused to hand over the keys of the car, they threatened
him, pulled him out from the office and forcibly pushed him into their
black Scorpio bearing No. DL 8CAX 3715 which is registered in the
name of petitioner. After some time they left him on the road near
Keshav Puram Metro Station and also threatened him to not to
disclose this incident to any one, otherwise they would kill him.
Manager Tarun Tondon narrated this incident to his owner Sh. Pulkit
Kundra on his mobile phone. The whole incident is captured in the
CCTV Cameras. Petitioner Rumit Maan was arrested and his vehicle
i.e Scorpio bearing No. DL 8CAX 3715 and keys of AUDI Car were
recovered from his possession. Keeping in view the above facts and
allegations appearing on record against the petitioner, no grounds for
bail are made out. The bail application is, therefore, dismissed.
BRIJESH SETHI, J
DECEMBER 18, 2019 AP
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