Delhi High Court
Mohd. Tej @ Chhote vs The State (Govt. Of Nct Of Dehi) on 19 February, 2020
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19.02.2020
+ BAIL APPLN. 2876/2019
MOHD. TAJ @ CHHOTE ..... Petitioner
Through: MR. C.N.Grovel, Advocate.
versus
THE STATE OF DELHI ..... Respondent
Through: Mr. G.M.Fagooqui,
Additional Public Prosecutor
for respondent/State.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of a bail application filed
under section 439 Cr.P.C on behalf of the petitioner Mohd Taj @
Chhote in FIR No. 140/2018 u/s. 302/394/120B/34 IPC & 25/27
Arms Act, PS Shahadara.
2. Ld. Counsel for the petitioner has prayed for bail on the
ground that petitioner is innocent and has been falsely implicated.
Petitioner is in custody since 16.09.2018. It is submitted that at the
time of alleged incident, petitioner was not present at the spot and he
has been falsely implicated in the present case on the basis of
alleged disclosure statement of Vikas @ Vicky @ Kalia and there is
no incriminating evidence against the petitioner. It is, therefore,
prayed that petitioner be released on bail.
3. Ld. Counsel for the petitioner in support of its contentions has
also relied upon "Mohd Kashif v. State, 248(2018) DLT 532".
4. I have gone through the above case law. However, the same is
distinguishable on the basis of facts and circumstances stated
therein. Moreover, no straitjacket formula can be laid down for grant
of bail. Each case depends upon its own peculiar facts and
circumstances.
5. Ld. APP for the State has opposed the bail petition on the
ground that the allegations against the petitioner are serious in
nature. Petitioner along with co-accused Mohd. Shevej have trailed
the victim and passed his movement information to co-accused Ajay
@ Kalia and Vikas who have murdered the victim. Ld. APP, has
therefore, prayed for dismissal of bail application.
6. I have considered the rival submissions. As per prosecution
version, on 13.05.2018, at 7.50 p.m. a PCR call was received that
one person has been shot by unknown boys. Police reached at the
spot and injured was taken to hospital where doctor declared him
brought dead. During investigation, co-accused Vikas Bhatri was
arrested on 25.10.2018 and co-accused Ajay @ Kalia was arrested
on 16.11.2018. During interrogation, both these co-accused persons
disclosed their involvement in the present case along with petitioner
Mohd Taj @ Chhote and Md. Shavej. Investigation revealed that on
the day of incident, accused Mohd. Shavej and petitioner Mohd. Taj
had reached near Fatehpuri and were in contact through mobile
phones with co-accused Ajay @ Kalia. They were trailing the
victim from Chandni chowk to Hanuman Mandir, Shahadra and
from there co-accused Ajay @ Kalia and Vikas Bharti trailed the
victim till his house. When the victim stopped his scooty in front of
his house, co-accused Ajay @ Kalia tried to rob him at gun point
and when the victim resisted, accused Ajay @ Kalia had shot him
twice. During investigation, CDR and CAF of mobile number of
accused Ajay @ Kalia, Vikas Bharti, Mohd Shavej and Mohd. Taj
were obtained and it revealed that on the day of incident location of
accused Mohd Taj and Mohd Shavej was in Chandni Chowk from
6.30 p.m. till 7.22 p.m. It is also alleged that petitioner talked to co-
accused Ajay @ Kalia for 2 minutes who thereafter committed
murder of the victim. Apart from the present case, petitioner is also
involved in following five more cases:-
Sl.no. FIR no. & PS U/S
1 654/2018, New Usman Pur 392/397/34 IPC
2 167/2018, Prert Vihar 395/412/120B/34 IPC
3 199/2018, Welcome 392/34 IPC
4 187/2018, Shakarpur -
5 139/2018, Preet Vihar -
7. Keeping in view the above facts, gravity of the offrence and
particularly the fact that petitioner is also involved in 5 cases of
robbery, no grounds for bail are made out. The bail application is,
therefore, dismissed and stands disposed of accordingly.
BRIJESH SETHI, J
FEBRUARY 19, 2020
Ak
