Amarjeet Singh vs State Of Nct Of Delhi
2022 Latest Caselaw 3278 Del

                                       Neutral Citation Number: 2022/DHC/005394




                          $~7
                          *      IN THE HIGH COURT OF DELHI AT NEWDELHI

                                                           Reserved on: November 22, 2022
                                                            Decided on: December 07, 2022
                          +      BAIL APPLN.3202/2022, CRL.M.(BAIL) 1317/2022 &
                                 CRL.M.A. 24218-19/2022
                                 AMARJEET SINGH                     ..... Petitioner
                                                Through: Mr. Azam Ansari, Mr.
                                                         Mohsin Khan, Md. Ashfaque
                                                         Ansari    and          Mohd.
                                                         Shahnawaz Azam, Advocates
                                                V

                                 STATE OF NCT OF DELHI             ..... Respondent
                                              Through: Mr. Raghuvinder Varma,
                                                       APP for State with Insp.
                                                       Vikas Rana, Crime Branch.
                                                       Mr. H. S. Phoolka, Sr.
                                                       Advocate with Ms. Kamna
                                                       Vohra, Ms. Shilpa Diwan
                                                       and Mr. Ashish Rastogi,
                                                       Advocates for complainant
                          %

                          CORAM:
                          HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
                          JUDGMENT

1. The present bail application is filed under section 439 read

with section 482 of the Code of Criminal Procedure, 1973 for grant

of regular bail filed on behalf of petitioner/Amarjeet Singh in FIR

bearing no.227/2019 registered under sections 307/34 IPC at P.S.

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:08.12.2022 BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 1 17:19:13 Neutral Citation Number: 2022/DHC/005394

Hauz Khas, New Delhi.

2. The perusal of FIR bearing no.227/2019 reflects that it was got

registered on the basis of complaint made by Anil Kumar Chaudhary

(hereinafter referred to as "the complainant") wherein it is stated

that he is posted as Chairman, Steel Authority of India. The

complainant on 07.08.2019 at about 10.30 P.M. was going towards

his house in Car bearing no.DL14CD-0401 (Toyota Corolla) being

driven by his driver, namely, N.K. Pathak and in the meantime he

noticed that another car bearing registration no.DL4CAB-0408 Silver

colour (Honda City) was chasing his car. The said car also tried to

hit the car in which the complainant was sitting. The complainant

reached at Huddco Place in front of August Kranti Marg then the four

persons get down from the car bearing no. DL4CAB-0408. The

complainant alongwith his driver also get down from the car bearing

no. DL4CD-0401 and thereafter all the persons have started to give

beatings to the complainant and his driver by fists and blows and also

hit them with an iron rod. The complainant received injuries on his

heads and legs. One person also took out one knife and inflicted

injuries on the neck of the complainant. The complainant raised

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:08.12.2022 BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 2 17:19:13 Neutral Citation Number: 2022/DHC/005394

alarm and thereafter the police reached at the spot. The two persons

identified as Lalit Kumar and Amarjeet i.e. the petitioner were

apprehended at the spot. The complainant was removed to AIIMS

Trauma Hospital.

3. It is stated in the application that the petitioner is falsely

implicated in the case and is in judicial custody since 08.08.2019.

The nature of injuries is stated to be received by the complainant was

opined as simple. The co-accused Ashok Kumar, Satender, Parvesh,

Om Prakash Sharma and Sunil Kumar Balhara have already been

granted regular bail. The bail application filed by the petitioner was

dismissed by the Court of Ms. Vrinda Kumari, ASJ-02 (South), New

Delhi vide order dated 24.09.2022.

4. The respondent/State filed the detailed Status Report under the

signature of the Assistant Commissioner of Police, Crime Branch,

Sunlight Colony, Delhi. In Status Report beside mentioning the

contents of the FIR, it is stated that the complainant received injuries

on his heads and legs and one person also took out one knife and

inflicted injuries on the neck of the complainant. Honda Car bearing

registration no. DL4CAB-0408 used by the accused persons in the

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commission of crime was recovered from the possession of the

petitioner and Lalit and found to be stolen from the area of P.S. Sarai

Rohilla. The weapon of offence i.e. iron rod was recovered from the

possession of the petitioner and knife was also recovered from the

possession of co-accused Lalit. During investigation one mobile

wherein one photo of the car bearing no. DL14CD-0401 (toyota

corolla) belonged to the complainant was also found stored which is

reflecting towards the conspiracy regarding the commission of the

present incident. The petitioner and co-accuse Lalit in their disclosure

statement also stated that they were hired by Om Prakash Sharma

who was also arrested on 10.08.2019. The other co-accused were also

arrested during the course of the investigation. The investigation of

the case was also transferred from P.S. Hauz Khas to Crime Branch

by the Competent Authority. During investigation, it was also

revealed that Satender @ Chhutku and Om Prakash, planned to cause

grievous injury to the complainant alongwith Sunil Kumar Balhara.

5. In Status Report further details of the investigation were also

mentioned. The co-accused Sunil Kumar Balhara during the

interrogation was found to be a small property dealer in Haryana and

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:08.12.2022 BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 4 17:19:13 Neutral Citation Number: 2022/DHC/005394

has developed a habit to visit different politician in Delhi and also

tried to develop connection in Delhi. He met with co-accused Ashok

Kumar Singh through one Rajiv Kumar Singh and got friendly with

him. It was further revealed that Ashok Kumar Singh is a big

business man and is having office near Bhikaji Cama Place and he is

into business of import of coal and warehouses etc. Ashok Kumar

Singh also applied a tender for import of cooking coal from USA

which were supplied to SAIL. The cost of imported coking coal was

around Rs. 80 to 85 Crores. The complainant raised objections as to

the imported goods and did not release the payment and due to this

reason, the payment of Rs. 80 to 85 Crores was got stuck up. It is due

to this reason a conspiracy was hatched to cause injuries to the

complainant. The trial is pending in the Court of Ms. Vrinda Kumari,

ASJ-02 (South), Saket Court, New Delhi. It is also mentioned in the

Status Report that the petitioner is active member of assailants who

attacked on the complainant in the night of 7/8.08.2019. It is prayed

that the bail application be dismissed.

6. The counsel for the petitioner also stated and argued that the

bail application of the petitioner was dismissed in casual and

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:08.12.2022 BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 5 17:19:13 Neutral Citation Number: 2022/DHC/005394

mechanical manner by ignoring all the material facts. The petitioner

is in judicial custody for more than 3 years in a false case. The

offence punishable under section 323 IPC is only made out against

the petitioner as the injury stated to be received by the complainant

are opined as simple. The counsel for the petitioner further stated that

investigation has already been completed and the charge-sheet has

already been filed. The other co-accused have already been granted

bail. In these circumstances, the counsel for the petitioner stated that

the petitioner be granted bail.

7. The learned Senior Counsel for the complainant argued that

the petitioner is part of the gang of hired criminals who used to

commit serious offences. The petitioner was arrested at the spot and

is found to be involved in 16 criminal cases. The investigation was

also ordered to transfer to STF Crime Branch, Sunlight Colony, Delhi

on 24.08.2019. The charge-sheet and supplementary charge-sheet

have already been filed. The petitioner had attacked the complainant

with co-accused Lalit with iron rod and paper cutter. The allegations

against the petitioner are serious in nature. The car bearing

registration no.DL4CAB0408 used in the commission of offence was

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:08.12.2022 BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 6 17:19:13 Neutral Citation Number: 2022/DHC/005394

also recovered from the possession of the petitioner and co-accused

Lalit. The weapon of offence i.e. iron rod was also recovered from

the possession of the petitioner and co-accused Lalit beside recovery

of knife-like paper cutter at the instance of co-accused Lalit. There is

enough material which can point out towards the conspiracy behind

the present incident. The petitioner and co-accused were hired by Om

Prakash Sharma. The learned Senior Counsel for the complainant

also advanced arguments on the facts which are mostly referred and

stated in the Status Report.

8. The Additional Public Prosecutor in the light of the

submissions made in the Status Report opposed the bail application.

The Additional Public Prosecutor stated that a conspiracy was

hatched to cause injuries to the complainant who was not releasing

payment of Rs.80 to 85 Crores to Ashok Kumar Singh who supplied

the imported coal to the SAIL.

9. It is reflecting that the complainant is posted as Chairman of

the SAIL. The co-accused Ashok Kumar Singh supplied the coal

imported from the USA to the SAIL worth around Rs.80 to 85

Crores. The complainant raised objections to the imported goods and

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:08.12.2022 BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 7 17:19:13 Neutral Citation Number: 2022/DHC/005394

did not release the payment of Rs.80 to 85 Crores to Ashok Kumar

Singh, thereafter a conspiracy was hatched to cause injuries to the

complainant in the manner as detailed in FIR.

10. The petitioner in judicial custody since 08.08.2019 i.e. more

than 3 years. The co-accused have already granted bail. The nature of

injury is stated to be received by the complainant was opined is

simple in nature. Whether on the basis of charge-sheet offence under

section 307 IPC or under section 323 IPC as alleged on behalf of the

petitioner is made out, is a matter of trial. After considering all facts

the petitioner/accused is admitted on bail on furnishing personal bond

in the sum of Rs.30,000/- with one local surety of the like amount to

the satisfaction of the concerned trial Court with the following

conditions:-

(i) That he shall not approach or try to contact the

complainant/Anil Kumar Chaudhary in any manner after release

from the custody;

(ii) That he shall not leave the country without prior permission of

the Court;

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:08.12.2022 BAIL APPLN.3202/2022 AMARJEET SINGH V STATE OF NCT OF DELHI Page 8 17:19:13 Neutral Citation Number: 2022/DHC/005394

(iii) That he shall not tamper with the evidence and not try to

influence the witness.

(iv) That he will mark his presence before the concerned

Investigating Officer on every Friday of English Calendar month

during the day time;

11. The present bail application alongwith pending applications, if

any, stands disposed of.

12. Dasti.

SUDHIR KUMAR JAIN (JUDGE)

DECEMBER 07, 2022/j

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