Delhi High Court
Kuldeep vs State on 5 February, 2020
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05.02.2020
+ BAIL APPLN. 273/2020
KULDEEP ..... Petitioner
Through: Mr. Javed Ali and Akash,
Advocates.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr G.M. Farooqui,
APP for State with SI
Surender Sharma: Crime
Branch.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of an interim bail application
filed under section 439 Cr.P.C. read with Section 482 Cr.P.C.by the
petitioner Kuldeep in FIR No. 148/2017 u/s. 365/395/120B/412 IPC
& 25/27/54 Arms Act, PS Crime Branch.
2. Ld. Counsel for the petitioner has prayed for interim bail on
the ground that petitioner is innocent and has been falsely
implicated. Petitioner is in judicial custody since 24.10.2018. It is
submitted that father of the petitioner is diagnosed with Kidney
failure, thus, presence of the applicant to look after his ailing father
Bail Appl. no. 273/2020 Page no.1 of 4
is utmost required. It is further submitted that investigation has been
completed and chargsheet has been filed and, therefore, there is no
apprehension of tampering with the evidence. It is further submitted
that petitioner has clean antecedents and is not involved in any other
case. It is further submitted that Ld. Trial court has not appreciated
the submissions of the Ld. Counsel for the petitioner that her father
and mother are old and are not well. It is further submitted that wife
of the petitioner has lost her part of toes and fingers due to
electrocution and thus, there is no active member in his family to
look after his old parents. It is, therefore, prayed that petitioner be
granted interim bail for four weeks in the interest of justice.
3. Ld. Counsel for the petitioner, in support of its submissions,
has relied the following case law:-
1) "Shakuntala Devi vs. State 1996 Crl.L.J.2954;
2) Daulat vs. State 2006(1) JCC 258.
4. I have gone through the above case law. The said cases are
clearly distinguishable on the basis of facts and circumstances stated
therein. It is also settled proposition of law that no straightjacket
formula can be laid down for grant of bail.
Bail Appl. no. 273/2020 Page no.2 of 4
5. Ld. APP for the state has opposed the interim bail application
on the ground that allegations against the petitioner are serious in
nature. It is further submitted that during investigation, co-accused
Karamvir had disclosed that he along with his associates Amandeep,
Kuldeep Singh and others had hatched conspiracy and executed it
successfully. He has prayed that in view of the gravity of the
offence, the interim bail application be dismissed.
6. I have considered the rival submissions. According to
prosecution, the complainant Hitesh deals in Bit Coin trade and
sells/purchases Bit Coins. On 07.04.2017, he along with his friend
Anand had gone for a deal at V3S Mall, near Nirman Vihar Metro
Station on the call of co-accused Krishma Rajput. When they had
reached there, co-accused Krishma Rajput along with her associates
had abducted both of them at gun point and took them to a flat at
Vaishali, Ghaziabad, U.P. and robbed him of Rs. 36 lacs. During
investigation, four accused persons namely Karamvir Singh,
Devendra Chauhan, Sandeep Chauhan @ Sandy and Kunal Sharma
were arrested and at their instance recoveries were made. During
interrogation, co-accused Karamvir disclosed that he along with co-
Bail Appl. no. 273/2020 Page no.3 of 4
accused Amandeep, Kuldeep Singh and others had hatched
conspiracy. Out of the total looted amount, a share of Rs. 5 Lakh
was given to him and Rs. 4 Lakh was given to Kuldeep. Accused
Kuldeep was arrested and during PC remand, Rs. 1.35,000/- were
recovered at his instance from his house. One Maruti Ritz white
Colour car bearing registration no. DL 1C N 7971 was also
recovered from his possession which was used in the commission of
crime. One Mobile phone make Samsung was also recovered from
his possession with the help of which he used to contact his other
associates gang members during the crime. The call detail record
shows the position/location of accused Kuldeep along with other co-
accused at the place of incident.
7. In view of above allegations appearing on record and serious
nature of offence and in view of the fact that younger brother of the
petitioner namely Kamaldeep, aged 37 years is taking care of his
father in the hospital, no grounds for interim bail are made out. The
interim bail application is, therefore, dismissed and stands disposed
of accordingly.
BRIJESH SETHI, J
FEBRUARY 5, 2020
Ak
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