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Judgment
21 paragraphs · 392 wordsSANJEEV SACHDEVA, J
Petitioner seeks regular bail in FIR No.77/2018, under Section 392/34 IPC, registered at PS Sun Light Colony. Â
FIR was registered on a complaint that the complainant, who is a TSR driver, was driving his TSR and had picked up two passengers. On the way,
one of the passengers held him from the back and alleged to threaten him with knife-like instrument and thereafter stole the TSR.
Learned counsel for the petitioner submits that petitioner has been falsely implicated as there is nothing to connect the petitioner to the subject
offence except his alleged disclosure statement and recovery of some parts of TSR which have been connected to the subject TSR.
Learned counsel for the petitioner further submits that the alleged arrest of the petitioner, the disclosure statement and the recovery of the TSR
parts are suspect. He further submits that admittedly, there is no recovery or identification of any knife-like instrument which was allegedly used for
the offence and as such, no offence under Section 392 IPC could be made out against the petitioner.
Learned counsel for the petitioner further submits that even as per the charge-sheet there is no information or disclosure as to how the petitioner
was identified or connected with the subject offence. He submits that reliance has been placed by the prosecution on the alleged information of a
secret informer who is alleged to have stated that petitioner is a person who is involved in similar crimes. He submits that the secret informer is not
stated to have said that petitioner is involved in the subject offence. Â
Status report has been filed. The petitioner has been in custody since 03.04.2018. Â
Without commenting on the merits of the case and on perusal of the record I am satisfied that petitioner has made out a case for grant of regular
bail.
Accordingly, petitioner is directed to be released on bail on his furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to
the satisfaction of the concerned trial court, if not required in any other case. The petitioner shall not do anything which would prejudice the
investigation of the prosecution witnesses.
Petition is disposed of in the above terms.
Order dasti under signatures of the Court Master.