Mr. Pradeep Chowdhary, Mr. Vikrant Chowdhary Mr. Diwansh Sehgal, Advs v. STATE GNCT OF DELHI

Through: Mr. Raghuvinder Verma, APP for State CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL)

1. By way of the present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks for the grant of regular bail in FIR no. 375 of 2024 dated 06.06.2024 registered for offences under Sections 393/398/308/120B/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 at Police Station Model Town. 2. It is the case of the prosecution that on 04.06.2024, information pertaining to an incident of robbery and stabbing, resulting in the hospitalization of the injured, was received through the Police Control Room at Police Station Model Town. Upon arrival at Tirsa Hospital, it Signature Not Verified BAIL APPLN. 1125/2025 Digitally Signed By:NEELAM Signing Date:30.04.2025 21:05:18 was ascertained that the injured, namely Naman Jain, was undergoing medical treatment, vide MLC No. 01/24. Thereafter, the injured was shifted to Sir Ganga Ram Hospital, Rajender Nagar, for surgical intervention. 3. On 06.06.2024, the caller, Ranbeer Rajput, came to the police station and recorded his statement. He stated that his friend, Naman Jain, intended to purchase USDT (cryptocurrency) and had requested him to find a seller. In furtherance thereof, Ranbeer came into contact with one Kapil, whose mobile number had been procured through an online search. Communication with Kapil was established through WhatsApp calls, during which Kapil confirmed that he was dealing with USDT. 4. On 04.06.2024, Kapil called the complainant and Naman near DAV School, Model Town. At about 6:00 PM, they reached near Queen Mary School, Model Town, where, at approximately 6:20 PM, then three individuals arrived on a motorcycle. Two of them entered Naman's car and, under the pretext of finalizing the deal, robbed a sum of Rs. 3.5 lakh at gunpoint. When they attempted to flee, Naman resisted and held onto the bag. In response, the accused persons assaulted and stabbed him. However, Naman did not let go of the bag, and the accused fled from the spot without the money. 5. Subsequently, the statement of Naman Jain was recorded. He confirmed his intention to purchase USDT and his contact with Kapil through his friend Ranbeer. Signature Not Verified BAIL APPLN. 1125/2025 Digitally Signed By:NEELAM Signing Date:30.04.2025 21:05:18

6. During the course of investigation, the complainant’s father produced the bag in which the money had been kept. The said bag contained two gym receipts, which helped in the identification of the accused persons. Pursuant thereto, Gaurav @ Vicky, and Neeraj @ Nikku were arrested. They disclosed the involvement of Tarandeep Singh @ Taran Chopra, who used to orchestrate such robberies under the guise of cryptocurrency transactions. It was revealed that he would procure and supply mobile SIM cards to Rahul @ Kapil, who would thereafter contact the victims while impersonating as Kapil. 7. Gaurav was leading the robbery team and assaulted Naman Jain with the butt of a pistol. When the victim resisted, Gaurav instructed his associates Neeraj, Kunal, and Vinay @ Laddu (the petitioner herein) to intervene. The statement of the victim, Naman Jain, was recorded under Section 164 Cr.P.C., wherein he stated that the co- accused Gaurav had snatched the bag, and that the petitioner stabbed him twice. 8. Subsequently, Vinay @ Laddu surrendered before the learned Trial Court. He was arrested and remanded to one day of police custody. However, he disclosed that he had thrown the knife and pistol into the Yamuna river. During the TIP proceedings, Vinay @ Laddu was identified by both Naman Jain and Ranbeer Rajput. 9. The bail application of the petitioner was dismissed by the learned trial Court vide order dated 06.03.2025. He, thus, approached this Court and filed the present bail application. Signature Not Verified BAIL APPLN. 1125/2025 Digitally Signed By:NEELAM Signing Date:30.04.2025 21:05:18

10. The learned counsel for the petitioner submits that co-accused Gaurav @ Vicky has been granted bail by the Co-ordinate Bench of this Court vide order dated 19.12.2024. Further, other co-accused Rahul and Tarandeep have also been released on bail by the learned Trial Court. Therefore, on the ground of parity, the petitioner prays that he be admitted on bail in the present matter as well. 11. The learned APP, while seeking dismissal of bail submits that the petitioner has a grave role than the other accused persons, who have been released on bail, as he had stabbed the victim with a knife. The CCTV footage clearly depicts the petitioner riding the Jawa motorcycle, Neeraj @ Nikku on an Enfield motorcycle, and Gaurav @ Vicky carrying the pithoo bag and scuffling with Naman Jain. However, he submits that the FSL report in respect of the CCTV footage and the biological exhibits is still awaited. 12. Having considered the submissions by learned counsel for the parties and upon perusal of the record, this Court finds that the petitioner was absconding and he surrendered before the Court only after the dismissal of his anticipatory bail application, pursuant to which he was arrested. 13. As per the Nominal Roll, the petitioner has been in custody since 09.01.2025, i.e., for a period of approximately four months. Further, the petitioner is also involved in another case bearing FIR No. 752/2021, registered for offences punishable under Sections 323, 325, 307, 506, and 34 of the IPC, which is pending. Signature Not Verified BAIL APPLN. 1125/2025 Digitally Signed By:NEELAM Signing Date:30.04.2025 21:05:18

14. The allegation against the petitioner is that he inflicted stab injuries upon the victim, which is a grave and serious allegation, and his role is different than the role assigned to the co-accused persons, who have been granted bail. In this regard, it is pertinent to note the injuries as recorded in the MLC, which are as follows: i) Active bleeding on the right side of thorax and midsternum, ii) Wound of size 2 x 2 with irregular edges, deep beyond the 5th intercostals space, iii) Oozing of blood and presence of hematoma, iv) One lacerated wound on the right side if the scalp.

15. Accordingly, the principle of parity is not attracted in the present case. It is also pertinent to note that the charges are yet to be framed in the matter by the learned Trial Court. 16. In light of the facts and circumstances of the case, no ground has been made out for the grant of bail. However, the petitioner shall be at liberty to approach this Court with a successive bail application, if there is any material change in the circumstances. 17. Accordingly the present bail application is dismissed. APRIL 29, 2025/sk Click here to check corrigendum, if any SHALINDER KAUR, J Signature Not Verified BAIL APPLN. 1125/2025 Digitally Signed By:NEELAM Signing Date:30.04.2025 21:05:18