Israr Tomar vs The State
2022 Latest Caselaw 1018 Del

                            *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                   Reserved on   : 02.03.2022
                            %                                      Pronounced on : 11.04.2022

                            +     BAIL APPLN. 4017/2021
                                  ISRAR TOMAR                                     ..... Petitioner

                                                    Through:    Mr. Gaurav Kochar and Ms. Dollar
                                                                Jain, Advocates.

                                                    versus

                                  THE STATE                                       .... Respondent

                                                     Through: Ms. Amit Ahlawat, APP for the State.


                                  CORAM:
                                  HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
                                                             ORDER

RAJNISH BHATNAGAR, J.

1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 96/2020 under Sections 365/394/395/397/412/120-B/34 IPC registered at P.S. GTB Enclave.

2. Briefly stated, the facts of the case are that on 12.03.2020 vide FIR No. 96/20 a case u/s 365/394/34 IPC P.S GTB Enclave was registered on the statement of one Satbir Singh @ Ram Babu. As per the complainant, he is working as a private photographer in different

Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:11.04.2022 16:57:14 parties/marriages, etc. On 11.03.2020, he went to Chhattarpur by his car Honda Amaze bearing registration No. DL-ZCAW-9162 for photography in a marriage ceremony. Thereafter, he was supposed to attend another marriage ceremony, near Saleem Masjid Dilshad Garden, Delhi. On 12.03.2020 at about 1.30AM while he was taking rest in his car near Saleem Masjid, Damodar Park, four persons came near his car and entered into the car forcibly through window as the window of the car was open. Two of them caught his mouth and two of them forcibly threw him behind the rear seat of the car. Thereafter, one of them started driving the car and put some sharp object around his neck and robbed Rs. 10/11 thousand approximately, one mobile phone M-1 Note 7, three video cameras, one drone camera, as well as his ATM cards and other documents and started roaming.

3. As per the complainant, they tried their level best to ask the PIN Number of his ATM but he did not disclose it to them. In the meantime son of the complainant namely Prince called him and asked about his kidnapping and also informed the complainant that he has already reported the matter to the police. Eventually, the robbers/kidnappers threw the complainant near Tronica City and escaped with his car and other robbed articles. Accordingly, the present case was registered at PS GTB Enclave and investigation went underway. Later on section 395/397 IPC were added and section 411 IPC was replaced with section 412 IPC.

Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:11.04.2022 16:57:14

4. I have heard the Ld. counsel for the petitioner, Ld. APP for the State, perused the Status Report and the records of this case.

5. It is submitted by the learned counsel for the petitioner that petitioner has been falsely implicated in this case and is in judicial custody since 04.08.2020. It is further submitted that the petitioner was neither present at the spot nor did he participate in the alleged offence in any manner. It is further submitted that although the complainant has identified both the petitioner and the co-accused, namely, Kamil in judicial TIP but it is pertinent to note that the complainant has identified both of them after five months of the alleged incident. It is further submitted that on 13.08.2020, the complainant had visited the police station and the IO had shown him photographs and videographs of the petitioner before conducting the TIP and on that basis, he has been falsely identified. It is further submitted that as per the case of prosecution, it is admitted fact that the petitioner neither entered the car of the complainant nor had he shown any deadly weapon to him at the time of alleged incident. It is further submitted that the petitioner has already undergone 1 year and five months approximately and no purpose will be served by keeping him in judicial custody.

6. On the other hand, learned APP for the State has vehemently opposed the bail application and has argued on the lines of the status report. It is submitted that the allegations are grave and serious in nature and that the robbed car (Honda Amaze) has been recovered from his possession and moreover, Swift Car UP 14 JT 2270 (Taxi Number) used for commission of the offence was also recovered at instance of the petitioner. It is further

Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:11.04.2022 16:57:14 submitted that the petitioner was correctly identified in the TIP proceeding by the complainant and the CCTV footages also corroborate the version of complainant. It is further submitted that details collected from mobile company revealed that the petitioner was present at spot at the time of occurrence of offence and as per the mobile locations of mobile phones of complainant and the petitioner, both SIM's were travelling in the same area in the night of incident and further the report from OLA CAB regarding GPS location and booking of car No. UP 14 JT 2270, used in the commission of offence, also showed the presence of petitioner in the area of incident. It is further submitted that the details collected from OLA revealed that the above Swift car UP 14 JT 2270 was registered with OLA as taxi in the name of petitioner. It is further submitted that the petitioner is previously involved in two more cases i.e., FIR No. 67/2020, dated 14.03.2020, under Sections 414/420 IPC and FIR No. 68/2020 dated 14.03.2021, under Section 25 Arms Act, both registered at P.S Mansoorpur, U.P.

7. In the instant case, the allegations against the petitioner are grave and serious in nature and the robbed car make- Honda Amaze was recovered from the possession of the petitioner and further the taxi, Swift Car bearing registration No. UP 14 JT 2270 (Taxi Number) used in the commission of the alleged offence has also been recovered at the instance of the petitioner. As per the status report filed by the State, the CCTV footage of nearby cameras were obtained and analysed and it was found that the accused persons came in a taxi which also, corroborated the version of the complainant. As per mobile locations of mobiles phones of the complainant

Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:11.04.2022 16:57:14 and the petitioner, namely, Israr Tomar, both the SIM's were found travelling in the same area at the night of the incident and the details collected from mobile company revealed that the petitioner was present at spot at the time occurrence. Perusal of the status report further shows that report from OLA Cabs regarding GPS location and booking of car number UP 14 JT 2270 used in the alleged offence also confirmed the presence of the petitioner in the area of incident.

8. Firstly, the petitioner was arrested by the police officials of P.S. Mansoorpur, District- Muzaffar Nagar, U.P. and robbed car was recovered from his possession and after the formal arrest of the petitioner in the present case, he disclosed his involvement and name of co-accused persons namely, Kamil and Dilshad. It is also pertinent to note that the Swift car, bearing registration No. UP 14 JT 2270, which was being driven by the petitioner was registered in the name of his brother-in-law and the same was registered with the OLA in the name of the petitioner. As per the status report the petitioner was previously involved in two more cases i.e., FIR No. 67/2020, dated 14.03.2020, under Sections 414/420 IPC and FIR No. 68/2020 dated 14.03.2021, under Section 25 Arms Act, both registered at P.S Mansoorpur, U.P. He has been identified in TIP proceedings by the complainant and if there is a challenge to TIP that would be seen during the course of trial and when the complainant enters the witness box.

9. Looking into the facts and circumstances of this case, the allegations against the petitioner/accused, which are grave and serious in nature, recovery of the robbed car from the possession of the petitioner and that two

Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:11.04.2022 16:57:14 co-accused persons, namely, Bhima and Irfan are yet to be arrested and most of the robbed articles are yet to be recovered and also, the fact that the petitioner is previously involved in two more cases mentioned hereinabove, no ground for bail is made out at this stage. The bail application is, therefore, dismissed.

10. Nothing stated hereinabove shall tantamount to the expression of any opinion on the merits of the case.

RAJNISH BHATNAGAR, J

APRIL 11, 2022/AK

Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:11.04.2022 16:57:14