Delhi High Court – Orders
Lucky vs State Nct Of Delhi on 8 January, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2885/2024
LUCKY .....Petitioner
Through: Ms. Dolly Singh, Advocate.
versus
STATE NCT OF DELHI .....Respondent
Through: Ms. Shubhi Gupta, APP for the State.
Insp. Gyan Prakash, PS Kotwali.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 08.01.2025
1. This hearing has been done through hybrid mode.
2. This is second application under Section 439 read with Section 482 of
the CrPC seeking regular bail in FIR No. 409/2016, under Sections
302/394/397/411/34/174A of the IPC, registered at P.S. Kotwali.
3. The case of the prosecution as per the status report dated 26.08.2024
authored by Insp. Jatan Singh, SHO/PS Kotwali is as follows: –
“Most respectfully, it is briefly submitted that on 23/06/16, information
regarding dead body lying in Mother Dairy Booth was received at FS
Kotwali. The information was reduced in writing vide DD No.9-A and
entrusted to Sl Vipin Kumar. On the receipt of information Sl Vipin along
with stall rushed to the spot where a male dead body of unknown person
was found lying inside the A/C room of Mother Dairy Booth having
sustained injury on the body of the deccased who was later identified as
Roshan Lal S/o Sh. Mahipal Singh Yadav R/o VIII-Gazipur, PO- Sandhan,
PS- Incholi, Distt. Meerut, UP. On this, all the necessary investigation was
taken up and dead body of deceased was preserved in Mortuary Subzi
Mandi for further proceedings. No eyewitness was found at the spot. In
the light of these facts and circumstances, a case vide FIR No.409/16 dated
23-06-16 U/s 302 1PC was registered at PS Kotwali, Delhi.
During investigation, it also surfaced that cash of amount 50 thousandBAIL APPLN. 2885/2024 Page 1 of 5
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approximately and a electronic device were also found robbed by the
assailants. On the receipt of secret information, accused Kishnu @ Lambu
75/0 Shri Chunnu Singh Chauhan R/O Village Kirti Khera, PS Laoli, Distt.
Fatehpur, U.P. was arrested in the present case on 28-06-16, who was
spotted near Mother Dairy Booth on the night of incident, by beat officer
Ct. Naushad Ali. On interrogation, applicant/accused Kishnu disclosed
that he along with his associates namely Lucky (present
accused/petitioner) and other two persons namely Bhura and Sattey had
committed the murder of deceased Roshan Lal in Mother Dairy Booth and
robbed cash, device from Mother Dairy Booth. One looted Smart card
billing machine, bearing No. H/W Var: Fx 100 -B4, RoHS CE, FAMOCA
was recovered at the instance of accused Kishnu from his residence.
Charge sheet in the present case was put in court on 24-09-16. The case is
pending trial. The next date of hearing in the case is fixed for 04-09-2024.
It further stated that accused persons including present applicant Lucky
S/o Sh. Satish Kumar R/o H. No. 149 Gali No. 4 Kachchi Colony,
Mauzpur, Delhi and two other accused Bhura and Satey were absconding
deliberately to avoid their arrest. Proceedings U/s 82/83 CrC were initiated
against accused/applicant Lucky and he was declared P.O. on 27-10-16
while the other details of accused Bhura and Satey has not come on file so
far, despite sincere efforts.
During further investigation of the case, accused/applicant Lucky was
arrested U/s 41-1C CrPC by AATS/North and produced before the court
in muffled face. On this, necessary permission was obtained from Ld.
M.M. and accused/applicant Lucky was interrogated at length.
Accused/applicant Lucky confessed the commission of offence of the
present case and arrested in the present case on 23.04.2022 accordingly.
The accused/applicant was subjected to participate in judicial TIP
proceedings but he declined the opportunity and did not participate in TIP
proceedings. Subsequently, accused /applicant was obtained on two days
PC remand from the Ld. Trial Court. During the PC Remand, accused
/applicant Lucky disclosed that he along with his friend Kishnu @ Lambu,
Bhure and Satte murdered Roshan Lal and robbed Rs. 50,000/- from his
shop. He also took driving license of deceased for his personal use as he
had lost his own driving license. Accused Lucky correctly pointed out the
place of incident. The Driving License of deceased Roshan Lal was
recovered at his instance from the home. In this regard, he stated that he is
Auto Driver and he lost his driving license, so he kept the license of
deceased with him for use in any accident case or emergency. The license
got verified from the transport authority Meerut and found genuine. The
analysis of CDR of mobile phone of accused Lucky reveals that he wasBAIL APPLN. 2885/2024 Page 2 of 5
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present in Kucha Natwa i.e. place of incident at the time of incident. After
completion of investigation, supplementary charge sheet was filed before
the Ld. Court on 22.07.22.”
4. Learned counsel appearing on behalf of the applicant submits that the
co-accused, who has been assigned similar role to the present applicant, has
already been granted bail by this Court vide order dated 12.04.2019 in BAIL
APPL. 604/2019. It is further pointed out that the present applicant has been
in judicial custody since 23.04.2022. It is further submitted that the first
application seeking regular bail on behalf of the present applicant was
dismissed as withdrawn on 09.02.2024. It is submitted that the material
witnesses have already been examined before the learned Trial Court and the
applicant is not involved in any other previous offence.
5. Per contra, learned APP for the State submits that the applicant is not
entitled to parity with respect to the bail granted to the co-accused on the
ground that he was declared proclaimed offender and was arrested after a
period of 6 years on account of which trial has been delayed. Learned APP
for the State, on instructions from the Investigating Officer, further submits
that the present applicant is not involved in any other offence.
6. Heard learned counsel for the parties and perused the record.
7. As per case of the prosecution, the evidence with regard to the present
applicant is similar to that of co-accused Kishnu @ Lambu inasmuch as they
were last seen together with the deceased by PW-2, i.e., Constable Naushad.
It is further noted that there are no other eye-witnesses or public witnesses in
the present case.
8. In the facts and circumstances of the present case, the present
application is allowed. The applicant is directed to be released on bail, on his
BAIL APPLN. 2885/2024 Page 3 of 5
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furnishing a personal bond of Rs. 20,000/- with one surety of like amount,
who shall be the family member of the applicant, to the satisfaction of the
learned Trial Court/Link Court, further subject to following conditions:
i. The applicant shall not leave India without prior permission of the
learned Trial Court.
ii. The applicant shall intimate the learned Trial Court by way of an
affidavit and to the Investigating Officer regarding any change in
residential address.
iii. The applicant shall appear before the learned Trial Court as and when
the matter is taken up for hearing.
iv. The applicant is directed to give his mobile number to the Investigating
Officer and keep it operational at all times.
v. The applicant shall not, directly or indirectly, tamper with evidence or
try to influence the witness in any manner.
vi. The applicant shall report at PS Kotwali once in a week, i.e., on every
Friday at 03:00 PM and the concerned officer is directed to release him
by 04:00 PM after recording his presence and completion of all the
necessary formalities.
9. The present application is allowed and disposed of accordingly.
10. Pending applications, if any, also stand disposed of.
11. Needless to state that, nothing mentioned hereinabove is an opinion on
the merits of the case and any observations made are only for the purpose of
the present bail application.
12. Copy of the order be sent to the concerned Jail Superintendent for
necessary information and compliance.
BAIL APPLN. 2885/2024 Page 4 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:45:49
13. Order be uploaded on the website of this court forthwith.
AMIT SHARMA, J
JANUARY 08, 2025/sn
Click here to check corrigendum, if any
BAIL APPLN. 2885/2024 Page 5 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:45:49
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