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High Court of DelhiBAIL APPLN./2835/2024

Rajeev Kumar Singh @ Om Singh v. Govt Of NCT Of Delhi

2024-08-12Hon'Ble Mr. Justice Anoop Kumar Mendiratta3 pages

$~98 & 99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2835/2024 RAJEEV KUMAR SINGH @ OM SINGH .....Petitioner Through:

Mr. Mohd. Ataher Khan, Mr. Alamdar Husain Naqvi and Mr. Ankit Kumar, Advs.

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

Ms. Meenakshi Dahiya, APP for the State with SI Chetan and HC Hardeep, PS Swaroop Nagar.

+ BAIL APPLN. 2836/2024 RAJEEV KUMAR SINGH @ OM SINGH .....Petitioner Through:

Mr. Mohd. Ataher Khan, Mr. Alamdar Husain Naqvi and Mr. Ankit Kumar, Advs.

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

Ms. Meenakshi Dahiya, APP for the State with SI Chetan and HC Hardeep, PS Swaroop Nagar.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 12.08.2024 CRL.M.A. 23789/2024, 23790/2024 & 23791/2024 in BAIL APPLN. 2835/2024 CRL.M.A. 23792/2024, 23793/2024 & 23794/2024 in BAIL APPLN. 2836/2024 Exemptions allowed, subject to just exceptions. Applications stand disposed of.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

BAIL APPLN. 2835/2024 AND CRL.M.(BAIL) 1328/2024 BAIL APPLN. 2836/2024 AND CRL.M.(BAIL) 1329/2024 1.

BAIL APPLN. 2835/2024 under Section 438 read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for grant of anticipatory bail in e-FIR No. 036202/2021 under Sections 379/411/482/34 IPC registered at P.S.: e-Police Station (Kirti Nagar).

2.

BAIL APPLN. 2836/2024 under Section 438 read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for grant of anticipatory bail in e-FIR No. 04824/2022 under Sections 379/411/482/201/34 IPC registered at P.S.: e-Police Station (Kirti Nagar).

3.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

4.

In brief, as per the case of prosecution, e-FIR No. 036202/2021 and e-FIR No. 004824/2022 were lodged in respect of theft of car bearing no. DL-8C-AE-7729 (I-20) & DL-9C-AP-8265 (Brezza) respectively at e-Police Station (Kirti Nagar). An information was received from P.S.: Kotwali Nagar, Rae Bareli, Uttar Pradesh, with respect to recovery of stolen vehicles and accused Santosh Kumar and Abbas @ Ikram were arrested in this regard. Further, four other accused, namely, Prince Mishra, Rajeev Kumar Singh @ Om Singh (petitioner), Nurul Ansar and Kamalu were granted bail in the said FIR No. 529/2022 registered at Rae Bareli. During the course of investigation, it was also found that both the recovered vehicles had fake number plates.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Learned counsel for petitioner submits that petitioner has been falsely implicated and stolen vehicles could not be connected to any other crime as observed in order dated 17.09.2022 passed by learned Special Judge (EC Act-04), (ASJ), Rae Bareli. It is urged that petitioner was granted anticipatory bail by learned Trial Court in another FIR No. 12925/2022 under Section 379 IPC registered at P.S.: e-Police Station (Kirti Nagar) vide order dated 20.03.2023 and has already joined the investigation in the aforesaid case. 6.

On the other hand, learned APP for the State vehemently opposes the bail applications and points out that a large number of stolen vehicles were recovered on arrest of accused. She further submits that there is a organized crime syndicate involved in the theft of vehicles and the chassis number and registration number in respect of one of the recovered vehicles was also erased, apart from the fact that a fake number plate was affixed. She further submits that petitioner has failed to join the investigation despite issue of notice under Section 41A Cr.P.C.

7.

Considering the number of involvements of the petitioner and the fact that custodial interrogation of petitioner is required to unearth the organized crime syndicate involving theft of cars, no grounds for anticipatory bail are made out.

Applications are accordingly dismissed. Pending applications, if any, also stand disposed of.

A copy of this order be kept in connected application. ANOOP KUMAR MENDIRATTA, J AUGUST 12, 2024 p The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.