state vs. chetan 25.08.2020 present · 2020. 8. 25. · fir no.13247/20 uls 379/411/34 ipc ps patel...
TRANSCRIPT
FIR No.033499/2017
u/s 379/411 IPC
PS Kirti Nagar
State Vs. Chetan
25.08.2020 Present: None for the State.
Mr. Sudhir Kumar, Ld. Counsel for applicant/Accused Chetan Slo
Jitender R/o House No.5/448/1. Mohalla Mahram, Shahdara, North-
East. Dellhi.
This is an application u/s 437 CrPC for grant of bail of accused
Chetan.
Ld. Counsel for the applicant/accused has submitted that accused has
been falsely implicated in the present case, he is in JC since 30.07.2020, he has
clean antecedents, with respect to previous involvement report it has been
submitted that the police officials of Vivek Vihar Police Station have falsely
implicated accused in recent FIR and arrested him in the present FIR and that he
be released on bail.
On the other hand, IO ASI Satish Kumar in his reply has objected to
the release of accused and previous involvement report has been annexed.
Heard. Perused.
Keeping in view the overall facts & circumstances of the case,
accused Chetan is admitted to bail on furnishing personal bond in the sum of
Rs.20,000/- with one surety in the like amount to the satisfaction of jail
Superintendent concerned/Ld. Duty MM.
Accordingly, bail application is disposed of.
Bail bond/surety bond furnished, same be verified from
concerned 10.
Copy of this order be given dasti.
(Aakanksha)Duty MM/West/Delhi/25.08.2020
FIR No.13247/20 Uls 379/411/34 IPC
PS Patel Nagar
State Vs. Sanjay
25.08.2020
Present: None.
Report has been received from Dy. Superintendent, Central Jail
No.1, Tihar in the above case stating that the address of the accused Sanjay
S/o Sh. Shyam is not verified and reply of HC Amreek Singh has been
annexed with stating that accused does not reside and the address furnished
by him in the bail application.
Perused.
It transpires that vide order dated 19.08.2020, this Court has
directed release of accused Sanjay in the above case for a period of 45 days
on interim bail only after verification of his address from PS concerned.
Since as per the report of concerned PS and Dy. Superintendent, Central
Jail No.1, Tihar, the address of accused is not verified, the order dated
19.08.2020 is itself clear that accused shall not be released if the address is
not verified. Hence, accused be not released unless his address is verified as
per order dated 19.08.2020.
Let a copy of this order be sent to Jail Superintendent, Tihar for
information and necessary action.
(Aakanksha) Duty MM/West/Delhi/25.08.2020
FIR No.01327/2020
u/s 379/411 IPC
PS Punjabi Bagh State vs. Praveen
25.08.202Q thretgh-VCX
Present: None for the State.
Ms. Liza Gulati on behalf of registered owner/Komal Gulati in person.
This is an application for release of vehicle on superdari filed on behalf
of applicant/owner Komal Gulati.
No objection to the release of vehicle bearing registration no. DL 10SX
9788 (Activa) is tendered on behalf of the IO/HC Avdhesh Singh.
Application perused.
Instead of releasing the above mentioned vehicle and three mobile phones on
superdari, this Court is of the considered view that the vehicle has to be released as
per the directions of Hon'ble Supreme Court in case titled as Sunder Bhai Ambalal
Desai Vs. State of Gujarat, AIR 2003 SC 638. The view of the Hon'ble Supreme
Court has been reiterated by Hon'ble Delhi High Court in case titled as Manjeet
Singh vs. State, (2014) 214 DLT 646 wherein it has been held that
"59. The valuable articles seized by the police may be released to the person, who, in
the opinion of the Court, is lawfiully entitled to claim such as the complainant at
whose house thefi, robbery or dacoity has taken place, after preparing detailed
panchnama of such articles; taking photographs of such articles and a security bond.
P.T.O.
FIR No.385/2020
u/s 33/58 Delhi Excise Act
PS Mundka
State Vs. Ashok Kumar
25.08.2020
Present: None for the State. Mr. Pranay Abhishek, Ld. Counsel for applicant/accused Ashok
Kumar.
This is an application for releasing of personal search on behalf
of applicant/accused Ashok Kumar.
Reply has been received from 1O HC Sunil Kumar, according to
which they have no objection if personal search items are released to the
Owner.
Heard. Perused.
Considering the facts and circumstances of the case, personal
search items be released to the applicant as per personal search memo after
due verification of identity and against proper receipt.
Copy of this order be given dasti.
(Aakanksha} Duty MM/West/Delhi/25.08.2020
FIR No.387/2020
u/s 356/379/411 IPC PS Tilak Nagar
State Vs. Harpreet Hunny @ London 25.08.2020
Present: None for the State. Mr. K. K. Singh. Ld. LAC for the applicant/accused Harpreet Hunny @ London S/o Harvinder R/o House No.B-145, Vishnu Garden. Khyala. New Delhi.
This is an application u/s 437 CrPC r/w Section 167 (2) CrPC for grant of bail/default bail to accused Harpreet @ Hunny @ London.
Ld. Counsel for the applicant/accused has submitted that accused is in JC since 03.06.2020, he belongs to a poor strata of family, charge sheet has not been filed despite lapse of 82 days, he has been falsely implicated in the present case, no recovery has been effected from him, he has not been previouslyconvicted in any case, and that he be granted bail/default bail.
On the other hand, IO ASI Surender Singh in his report, has submitted that accused has been released via order dated 08.07.2020 passed by Ld. Duty MM Sh. Kishore Kumar.
Heard. Perused.
Since accused has already been released via order dated 08.07.20200passed by Ld. Duty MM Sh. Kishore Kumar, the present application is disposed of as infructuous. However, at the request of Ld. Counsel for the accused, let the
intimation be sent to Jail Superintendent, Tihar Jail.
Hence, bail application is dismissed as infructuous.
Application stands disposed of accordingly.Copy of this order be given dasti.
(Aakanksha)Duty MM/West/Delhi/25.08.2020
FIR No.141/2020u/s 356/379/411 IPPC
PS Tilak Nagar
State Vs. Harpreet Hunny London
25.08.2020
Present: None for the State.
Mr. K. K. Singh, Ld. LAC for the applicant/accused Harpreet @
Hunny @ London S/o Harvinder R/o House No.B-145, Vishnu
Garden. Khyala. New Delhi.
This is an application u/s 437 CrPC r/w Section 167 (2) CrPC for
grant of bail/default bail to accused Harpreet @ Hunny @ London.
Ld. Counsel for the applicant/accused has submitted that accused is in
JC since 03.06.2020, he belongs to a poor strata of family, charge sheet has not
been filed despite lapse of 82 days, he has been falsely implicated in the present
case, no recovery has been effected from him, he has not been previously
convicted in any case, and that he be granted bail/default bail.
On the other hand, 1O ASI Sambhu Dyal in his report, has submitted
that accused has been released via order dated 08.07.2020 passed by Ld. Duty
MM Sh. Kishore Kumar.
Heard. Perused.
Since accused has already been released via order dated 08.07.2020
passed by Ld. Duty MM Sh. Kishore Kumar, the present application is disposed
of as infructuous. However, at the request of Ld. Counsel for the accused, let the
intimation be sent to Jail Superintendent, Tihar Jail.
Hence, bail application is dismissed as infructuous.
Application stands disposed of accordingly.
Copy of this order be given dasti.
(Aakanksha)Duty MM/West/Delhi/25.08.2020
FIR
No
.40
3/2
02
0
u/s 35
6/3
79
/41
1 IP
C
PS
Tilak
Nag
ar S
tate Vs. H
arpreet @
Hunny
@ L
ondon 25.08.2020 Present
None for the State.
Mr. K
. K. Singh. L
d. LAC
for the applicant/accused Harpreet H
unny London S/o H
arvinder R/o H
ouse No.B-145, V
ishnu Garden, Khyala. N
ew D
elhi.
This is
an
application u/s 437 CrP
C r/w
Section 167 (2) CrP
C for
grant of bail/default bail to accused H
arpreet @ H
unny L
ondon. L
d. Counsel for the applicant/accused has subm
itted that accused is in JC
since 03.06.2020, he belongs to
a poor strata of family, charge sheet has
no
t been filed despite lapse of 82 days, he has been falsely im
plicated in the present case,
no
recovery has
been effected
from
him,
he has
no
t been previously convicted in any case, and that he
be granted bail/default bail. O
n the other hand, IO A
SI A
mi L
al in his report, has submitted that
accused has been released via order dated 15.06.2020.H
eard. Perused.
Since accused has already been released via order dated 15.06.2020, the present application
is disposed of as infructuous. H
owever,
at the request of Ld. C
ounsel for the accused, let the intimation be sen
t to Jail Superintendent, T
ihar Jail. Hence, bail application is dism
issedas infructuous.
Applicationstands disposed
of accordingly.Copy o
f this order be given dasti.
(Aakanksha)Duty M
M/W
est/Delhi/25.08.2020
FIR
N
o.1
01
/20
20
u/s 3
56
/37
9/4
11
IPC
PS
Tila
k N
ag
ar
State V
s. Harp
reet H
un
ny
L
on
do
n
25.08.2020
Present: N
on
e for th
e State.
Mr. K
. K. Singh, L
d. L
AC
for the applicant/accused Harpreet
Hunny L
ondon S/o
Harvinder R/o House N
o.B-145, V
ishn
u
Garden. K
hyala,N
ew D
elhi.
This is a
n application w
s 43
7 C
rPC
r/w S
ectio
n 1
67
(2) CrP
C fo
r g
ran
t of b
ail/d
efa
ult b
ail to
accu
sed
Harp
reet
Hu
nn
y @
Lo
nd
on
.
Ld
. Co
un
sel fo
r the a
pp
lican
t/accu
sed
has su
bm
itted
that a
ccu
sed
is in
JC since 0
3.0
6.2
02
0, he b
elon
gs to a p
oo
r strata of fam
ily, ch
arge sh
eet has n
ot
been filed despite lapse o
f 82 days, h
e has b
een falsely im
plicated in
the present
case
, n
o
recov
ery
has
been
effected
from
him
, h
e
has
no
t b
een previously
con
victed
in an
y c
ase
, and
that h
e b
e granted bail/default bail.
On
the o
ther hand,
IO A
SI B
ho
m Singh in
his report,
has subm
itted th
at accused has b
een released
via o
rder dated 08.07.2020 passed by
Ld
. Duty
MM
concerned.
Heard.
Perused.
Since accused has already
been released via order d
ated 08.07.2020
passed by L
d. Duty
MM
concerned, the present
application is disposed
of
as
infructuous.H
owever,
at the request
of L
d. Counsel
for the
accused,let
the
intimation b
e sent to
Jail Superintendent,T
ihar Jail.
Hence, bail application
is dismissed a
s infructuous.
Applicationstands disposed
of accordingly.Copy of this order be given dasti.
(Aakänksha)Duty M
M/W
est/Delhi/25.08.2020
FIR
No
.38
8/2
02
0u
/s 35
6/3
79
/41
1 IP
C
PS
Tila
k N
ag
ar
State V
s. Harpreet H
un
ny
@ L
ondon 25.08.2020 Present:
None for the State.
Mr. K
. K
. Singh, Ld. L
AC
for the applicant/accused Harpreet
@
Hunny
@ London S
/o H
arvinder R/o H
ouse No.B-145,
Vishnu
Garden. Khyala, N
ew D
elhi.
Th
is is an
application u/s 437 CrP
C r/w
Section 167 (2) CrP
C fo
r grant o
f bail/default bail to
accused Harpreet
@ H
unny @ L
ondon. L
d. C
ounsel for the applicant/accused has subm
itted that accused is in JC
since 03.06.2020, he belongs to
a
po
or strata of fam
ily, charge sheet has n
ot
been filed despite lapse o
f 82 days, h
e has been falsely implicated in
the present case,
no
recovery
has been
effected from
him
, h
e has
no
t been previously
convicted in any case, and that he b
e granted bail/default bail. O
n the other hand,
IO A
SI B
hom Singh in his report,
has submitted
that accusedhas been released
via order dated 08.07.2020 passed by L
d. Duty M
M concerned.
Heard.
Perused.
Since accused
has alreadybeen released via order dated 08.07.2020
passed by L
d. Duty
MM
concerned,the present application
is disposed o
f as
infructuous.H
owever,
at
the requestof L
d. C
ounselfor
the accused,
let the intim
ationbe se
nt to
Jail Superintendent, Tihar Jail.
Hence, bail application
is dismissed a
s infructuous.
Application stands disposed of accordingly.
Copy o
f this order be given dasti.
(Aakanksha)D
uty
MM
/West(D
alhi(n
gn0 n
0
FIR
No
.46
3/2
02
0
u/s 2
5/5
4/5
9 A
rms A
ct
PS
Mo
ti Nag
ar
Sta
te V
s. Rah
ul @
Ro
hit
25.08.2020
Present:
No
ne fo
r the S
tate.
Mr. K
. K. Singh, L
d. C
ou
nse
l for th
e applicant/accused Rah
ul @
Ro
hit S
/o R
amesh
R/o W
2-460, Madipur V
illage, Delh
i.
Th
is is an
app
lication
u/s 43
7 C
rPC
for g
rant o
f bail o
f accu
sed
Rahul@
Rohit. L
d. C
ou
nse
l for th
e app
licant/accu
sed h
as sub
mitted
that accu
sed h
as
been
falsely implicated in
the p
resent c
ase, h
e is in
JC sin
ce 27
.06
.20
20
, matte
r is
no
t co
vere
d w
ith d
irection
s given by HP
C, an
d th
at he b
e released
on
bail.
On
the o
ther hand, IO
HC
Om
Prak
ash in
his report, h
as objected
to
the re
lease
of a
ccu
sed
an
d h
as an
nex
ed
previous crimin
al record
s of th
e a
ccu
sed
.
Heard
. P
erused
.
Keeping in
vie
w th
e ov
era
ll facts & circ
um
sta
nces o
f the c
ase a
s w
ell
natu
re o
f the o
ffen
ce a
nd
the fact o
f previous crimin
al inv
olv
em
en
to
f accu
sed
in
fou
r oth
er sim
ilar
offences, th
is Co
urt d
oes
no
t deem
it fit to
grant bail
to th
e
accu
sed
.H
ence, th
e b
ail application is d
ismisse
d.
Application stan
ds disposed
of accordingly.
Copy o
f this o
rder be given d
asti.
ok (A
akanksha) D
uty
M
M/W
est/D
elh
i/2
5.0
8.2
02
0-R
e e
e
FIR
No
.70
0/2
02
0
/s 2
79
IPC
PS Punjabi B
agh S
tate
vs. U
nk
no
wn
25.08.2020
Presen
t: N
on
e for the S
tate.
Mr. S
ush
il Ku
mar, h
usb
an
d o
f applicant/registered ow
ner/ M
anish in
pers
on
.
Th
is is an
application for re
lease
of v
eh
icle
o
n superdari filed
on
beh
alf
of applicant/registered o
wn
er/ Man
ish
No
objection to
the rele
ase
of v
eh
icle
bearing registration n
o. H
R 4
6C
68
59
(Tru
ck) is te
nd
ere
d o
n b
ehalf o
f the 1
O/S
I Su
mit D
han
kar.
Application perused.
Inste
ad
of releasing th
e ab
ov
e m
en
tion
ed
veh
icle
and
three m
ob
ile phones
on
superdari, this C
ou
rt is of th
e co
nsid
ere
d v
iew th
at the v
eh
icle
has to
be re
lease
d as
per th
e dire
ctio
ns o
f Ho
n'b
le S
upreme C
ou
rt in case title
d as S
un
der B
hai A
mb
ala
l
Desai V
s. Sta
te o
f Gujarat, A
IR 2
00
3 S
C 6
38
. Th
e view
of the H
on
'ble
Suprem
e
Co
urt h
as been
reite
rate
d by
Ho
n'b
le D
elhi H
igh C
ou
rt in case title
d
as M
anjeet
Singh
vs. S
tate, (2014) 21
4 D
LT
64
6 w
here
init h
as been
held
that :
"59
. Th
e valu
ab
leartic
les seized
by the police m
ay
be re
lease
d to
the p
erso
n,
who, in
the opinion of th
e Court,
is lawfully
en
titled
to claim
such
as th
e complainant
at
wh
ose
h
ou
se thef,
robbery o
r dacoity
has
taken
place, after preparing
deta
iled
panchnamna of su
ch articles; taking photographs
of su
ch a
rticle
s an
d a security b
on
d.
P.T
.O.
Jrediud aseke
-2 371/2020
14 IPC
T
he ph
oto
gra
ph
so
f such
articles sho
uld
be a
tteste
d o
r co
un
tersig
ned
by the
Nagar 60.
Anil
com
plain
ant,
accu
sed
as w
ell as by th
e perso
n to
wh
om
the custody is h
an
ded
ov
er.
Wh
erever
necessary
, th
e C
ou
rt m
ay
get
the
jew
elle
ry
artic
les
valu
ed
from
a
go
vern
men
t ap
pro
ved
valu
er.
61. h
e a
ctu
al p
rod
uctio
n o
f the v
aluab
le artic
les d
urin
g th
e trial sh
ou
ld n
ot b
e h.
insisted
up
on
an
d the p
ho
tog
raph
s alon
g w
ith the pan
chn
ama sh
ou
ld suffice fo
r the
purposes ofevidence."
Considering the facts and the circum
stancesand the law
laid down by the
higher courts, article in question i.e. vehicle bearing no.HR
46C 6859
(Truck) be
released to
the ap
plican
t/registered
ow
ner o
n verification o
f the p
articulars regarding
Ow
nersh
ipan
d after p
reparin
g p
anch
nam
a and
on
furmishing an
ind
emn
ity b
on
d as
per th
e valu
e of th
e veh
icle. It is furth
er directed
that th
e article ie. v
ehicle b
earing
no
HR
46
C 6859
(Tru
ck) shall be photographed
from all the angles. T
he Panchnam
a
and
Indemnity
Bond along w
ith photographs b
e filed with
final report.T
he application is disposed o
f accordingly.C
opy of this order be given dasti.
(Aakanksha)
MM
(Mahila
Court-05), W
est, T
HC
, Delh
i/ 25
.08
.20
20
FIR
No.371/2020
u/s 341/323/34 IPC
PS
Pate
l Nag
ar
Sta
te v
s. An
il
25.08.2020
Present: N
one for the State. M
r. Vish
al Sh
arma, L
d. Co
un
sel for applicant/accused Anil S
/o L
ate Sh.
Sant R
am.
This
is an
application u/s
437 C
rPC
for
bail on
behalf of
applicant/accused Anil.
Ld
. C
ou
nsel
for
app
licant/accu
sed
seeks
to
with
draw
th
e p
resent
application.
Heard.
Allow
ed.
At re
qu
est, p
rese
nt a
pp
licatio
n is d
ismissed
as w
ithd
raw
n.
(Aakanksha)
MM
(Mahila C
ourt-05), West
TH
C, D
elhi/ 2
5.0
8.2
02
0
FIR
N
o.0
14
70
1/2
02
0
PS
R
an
ho
la
Sta
te V
s. Am
it Ku
mar
Am
an
u/s
37
9 I
PC
25
.08
.20
20
(thro
ug
h V
C)
Present:
No
ne fo
r the S
tate.
Mr. A
mit G
ab
a, L
d. C
ou
nsel fo
r app
licant/accu
sed A
mit K
um
ar
Am
an
S/o C
hhote Lal R
/o 0
-80
, Kris
hn
a V
ihar, S
ulta
n P
uri,
Delh
i.
Th
is is
an
ap
plic
atio
n u
/s 43
7 C
rPC
for g
rant o
f bail o
f accu
sed
Am
it Ku
mar @
A
man
.
Ld
. Co
un
sel fo
r the a
pp
lican
t/accu
sed
has su
bm
itted
that a
ccu
sed
has
been
falsely implicated in
the p
resent c
ase o
n th
e b
asis o
f dis
clo
su
re s
tate
men
t, he
is in JC
since 1
8.0
7.2
02
0,
an
d th
at he b
e re
lease
d o
n b
ail.
On
the o
ther hand, IO
HC
Krish
an
Ku
mar Y
ad
av
in h
is repo
rt, has
objected to th
e rele
ase
of a
ccu
sed
o
n th
e ground that sco
oty
has b
een
reco
vered
from
his possession.
Heard
. P
erused
.
Keeping
in
vie
w
the
ov
era
ll facts
&
cir
cu
msta
nces
of
the
case,
accu
sed
Am
it Ku
mar
Am
an
is admitted to
bail o
n furnishing personal b
on
d
in th
e s
um
of R
s.10
,00
0/- w
ith o
ne su
rety in
the lik
e a
mo
un
t to th
e s
atis
factio
n
of jail S
up
erin
ten
den
tco
ncern
ed
/Ld
.Duty M
M.
Acco
rdin
gly
,b
ail applicationis disposed o
f.
Bail b
on
d/su
rety b
on
d n
ot fu
rnis
hed
.
Copy o
f this o
rder b
e se
nt to
Ld
. Co
un
sel fo
r the a
ccu
sed
on
his
email (am
itgab
a99
73
00
7@
gm
ail.com
)/wh
atsapp
(99
10
21
07
86
).
Ak
ah
(A
akanksha)" D
uty
MM
/West/D
elh
i/25
.08
.20
20
e-F
IR
N
o.6
15
/20
20
o
u/s
37
9/4
11
IP
C
PS
Tilak
Nag
ar
Sta
te V
s. Sach
in @
F
arra
25
.08
.20
20
Pre
sen
t: N
on
e fo
r the S
tate.
Mr. L
alit Kum
ar, Ld
. Co
un
sel fo
r applicant/Accused S
ach
in
@
Farra S
/o M
oh
an L
al R/o F
-705, J. J. Co
lon
y, R
agh
uv
ir Nag
ar,
New
Delh
i.
Th
is is an
application u
/s 43
7 C
rP
C fo
r gra
nt o
f bail o
f accu
sed
Sachin@ Farra.
Ld
. Co
un
sel fo
r the applicant/accused h
as su
bm
itted
that a
ccu
sed
has
been
false
ly im
plic
ate
d in
the p
rese
nt c
ase
, he is in
JC sin
ce 0
1.0
7.2
02
0, h
e h
as n
o
inv
olv
em
en
tin
an
y o
ther c
ivil o
r crim
inal c
ase
, that o
n 3
0.0
6.2
02
0 a
t ab
ou
t 7:0
0
pm
wh
en
he w
en
t for
so
me w
ork
in T
ilak
Nagar,
Po
lice o
fficia
lsstopped h
im a
nd
a false
case
was re
giste
red
, an
d th
at h
e b
e re
lease
d o
n b
ail.
On
the
oth
er hand,
IO H
C G
au
rav
in h
is reply h
as objected to
th
e
release of accused and previous involvem
ent report has been annexed.
Heard
. P
erused
.
Keeping
in
view
th
e o
verall
facts &
circu
mstan
ceso
f th
e case
.
accused
Sach
ín
Farra
is ad
mitte
d to
bail o
n fu
rnish
ing
perso
nal b
on
d in
the
sum
of R
s.20,000/- with
on
e surety
in th
e like amo
un
t to th
e satisfaction
of
jail Superintendentco
ncern
ed/L
d. D
uty MM
.
Accordingly,
bail applicationis disposed of.
Bail b
on
d/su
retyb
on
d n
ot fu
rnish
ed.
Co
py
of th
is ord
er b
e giv
en d
asti. (Aak
ank
sha)
Duty M
M/W
est/Delhi/25.08.2020
Keceurl
'nh aner 2518/20
V
FIR
No.2.31/2020 d
ated 17.03.202
u/s 379/411 IPC
PS Moti N
agar S
tate Vs. Jai P
rakash
@ S
wam
i
25.08.2020
Present: N
one for the State.
HC
Om
Prakash on
behalf of IO H
C Tej Pal in person.
HC
Om
Prakash has submitted that com
plainant Ram
Siromani
Shukla has refused to
join the TIP
proceedings as he is unable
to identify
and he is no
t keeping well and does n
ot w
ant to
appear before the Court.
IO H
C Tej P
al has recorded the statement of com
plainantto
this effect and seeks to
cancel the TIP proceedings
of the c
ase
property. H
eard. Perused.
Since statem
ent of the com
plainantto the
effect that he
has denied
to identify the
case
property, has
been annexed
with
CD
, the
application is allowed and T
IP is cancelled.
Copy of this order be given dasti. (Aakanksha)
Duty MM
/West/D
elhi/25.08.2020