Manoj Singh v. NCT Of Delhi

$~1 *IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN.2552/2020 MANOJ SINGH ..... Petitioner Through:

Mr.Mohit Sahay, Advocate.

versus NCT OF DELHI ..... Respondent Through:

Ms.Radhika Kolluru, APP for State.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 08.09.2020 CRL.M.A.No.12348/2020 (Exemption 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

BAIL APPL 2552/2020 1.

This is second application filed on behalf of the petitioner seeking regular bail in FIR No.59/2020, registered under Sections 454/380 IPC at Police Station Lajpat Nagar.

2.

Learned counsel for the petitioner submits that the previous bail application was dismissed on 24.08.2020, as he could not place the correct facts on record. He further submits that the petitioner is challenging the recovery made from his native place.

3.

Ms. Radhika Kolluru, learned APP for the State, on the other hand, vehemently opposes the bail application. She submits that the petitioner has

raised all contentions in his previous bail application which after substantial arguments was dismissed as withdrawn on 24.08.2020. 4.

She submits that the complainant has lodged a complaint alleging theft of cash amounting to Rs.9 lacs along with foreign currency of 35,000/- USD, a diamond ring worth Rs.50,000/- and a gold chain weighing 14.9 grams worth Rs. 56,6620/-.

5.

As per the Status Report filed in the previous bail application which has been annexed along with the present bail application, it has been stated that the petitioner was identified from the CCTV footage of the camera installed at the entrance of the complainant's premises.

During investigation, the police team reached the petitioner's native place at Champawat, Uttarakhand and apprehended the petitioner on the basis of the said CCTV footage. In pursuance to his disclosure statement, stolen cash amount of Rs.2,22,150/- was recovered from his house. Thereafter, on his further disclosure, cash amounting to 29,411/- USD, 400 Oman currency, 10,000 Nigerian currency, Rs. 2,570/- in Indian currency and one gold colored ring was recovered at his instance. Further, the clothes worn by the accused on the date of the incident were also recovered from rented house bearing No.13/10, Street No. 14, Block A-II, Budh Bazar Colony, Bhagat Colony, Delhi and the same were matched with the CCTV footage. TIP of the recovered property was conducted and the complainant identified the gold ring.

It is also stated that the petitioner is involved in 5 other cases, out of which in three cases, he was not charge-sheeted however, trial is pending in respect of two cases, i.e. FIR No.100/2019 registered under Sections 380/411 IPC at P.S. Vasant Kunj and FIR No.142/2019 registered under Sections 454/380 IPC at P.S. Vasant Kunj.

6.

Looking into the facts and circumstances of the case and the fact that the stolen currency and gold ring have been recovered at the instance of the petitioner, which have been identified by the complainant, no ground for grant of bail to the petitioner is made out at this stage. 7.

The bail application is accordingly dismissed. MANOJ KUMAR OHRI, J SEPTEMBER 08, 2020 'dc'