Mr. Akhilesh Kr. Singh, Advocate v. STATE GOVT. NCT OF DELHI

O R D E R 13.01.2025

1. The present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita Act, 20231 (previously Section 438 of the Code of Criminal Procedure, 19732), seeks anticipatory bail in relation to FIR No. 80097547/2024 under Section 305, 3(5), 331(4) and 317(2) of the Bharatiya Nyaya Sanhita3 registered at P.S. Nand Nagri. The case of the prosecution is as follows:

1.1. On 3rd September, 2024, a PCR call vide DD No. 39 was received at P.S. Nand Nagri. When the Investigation Officer4 reached the place of occurrence, he found the complainant and during inquiry he was informed that the complainant herself lodged an online complaint vide E-FIR No. 1 “BNSS” 2 “Cr.P.C” 3 “BNS” 4 “IO” BAIL APPLN. 4333/2024 Page 1 of 6 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 24/01/2025 at 14:19:40 80097547/2024 under Section 305 of the BNS.

1.2. Accordingly, the statement of the complainant was taken wherein she stated that on the night of 03rd September, 2024, she closed to the main gate of her house and went to bed on the first floor, however, the next morning when she woke up and went to the ground floor, she found that the lock of the main gate was broken. When she checked her possessions, she found that the following items were stolen: - i) 2 bags containing jewellery items worth 25 tola of gold (4 gold chains, 3 gold necklaces, 6 gold rings, 2 mangalsutras, 6 gold bangles, 2 gold kanthi mala, 2 pairs of earrings, 2 nose pins, 2 gold haslis); ii) Rs. 1 Lakh in cash; iii) Silver items (3 pairs of payals, 3 silver tagdis, 3 silver coins, 4 pairs of silver lacche, 4 pairs of child bangles); iv) 1 ATM card; v) 2 Fixed Deposits; and vi) 1 Passbook

1.3. During investigation, CCTV footage of the incident was obtained where three persons were seen breaking the lock on the main gate of the house and they were also seen exiting the house with the stolen items in a bag. With the help of an informer and analysis of the CCTV footage, one accused Chaman @ Chapata was arrested on 12th September, 2024. During his interrogation, accused Chaman disclosed the name of other three accused (1) Arjun, (2) Aqib @ Lalle and (3) Aman @ Saddam @ Bade. Further, case property of cash amounting to Rs. 37,000/- was recovered from the house of accused Chaman @ Chapata.

1.4. On 16th September, 2024, accused Arjun was arrested and case BAIL APPLN. 4333/2024 Page 2 of 6 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 24/01/2025 at 14:19:40 property such as the ATM, Passbook, 2 Fixed Deposits and a few empty plastic & pouches of gold containers were recovered on his instance. During investigation, accused Arjun narrated the incident and revealed the details of the other co-accused.

1.5. Nearly a month later, on 15th October, 2024, the remaining co-accused (1) Aqib @ Lalle and (2) Aman @ Saddam Hussain @ Bade were arrested. During investigation, accused Aqib disclosed that he had sold the stolen gold items to the Applicant – i.e., Monu, for a sum of Rs. 5 Lakhs. Accordingly, the IO served notices under Section 35 of BNSS on the Applicant on 18th October, 2024, 30th October, 2024 and 15th November, 2024, respectively.

1.6. In the meantime, on 14th November, 2024, the Applicant applied for anticipatory bail before the Sessions Court, Karkardooma Courts, however, the same was rejected. Thereafter, the Applicant filed the present application for grant of anticipatory bail, which was provisionally granted vide order dated 27th November, 2024, with the direction that he would join the investigation as and when directed by the police authorities and no coercive action would be taken against him. Pursuant to such directions, the Applicant joined the investigation.

1.7. During investigation, the Call Detail Records5 of the Applicant’s mobile phone was obtained and upon analysis, it was revealed that the Applicant was continuously in contact with the accused persons Arjun and Aqib. Even on the date of the incident i.e., 3rd September, 2024, while the incident took place at 03:30 AM, there is a call made by accused Arjun to the Applicant at 06:58 AM, 13:20 PM and 13:28 PM, for various durations BAIL APPLN. 4333/2024 Page 3 of 6 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 24/01/2025 at 14:19:40 respectively. Further, the CDRs analysis revealed that between 19th September, 2024 to 7th October, 2024, when accused Arjun was held in judicial custody, his wife made nine (09) calls to the Applicant’s mobile number and the Applicant also made five (05) calls from his mobile number to the wife of the accused Arjun. Further, it was also found that the Applicant was in contact with the other co-accused Aqib from 7th August, 2024 to 15th August, 2024. The analysis of the CDRs has been given in the status report dated 9th January, 2025.

1.8. In order to show the proximity between accused Arjun and the Applicant, the prosecution places reliance on the fact that at the time of accused Arjun’s arrest, when asked to whom he wanted to inform of his arrest, he gave the mobile number of the Applicant. Subsequently, during interrogation the Applicant has outwardly denied knowing or associating with the accused persons.

1.9. In the aforenoted background, counsel for Applicant, argues that the Applicant is running a mobile repair shop and has been falsely named in the case, on the basis of a disclosure made by only one accused person namely Aqib. Apart from the above, allegedly there are only CDRs linking the Applicant with the co-accused Arjun. Therefore, he argues that there is no basis for the prosecution to cast any aspersion or ascribe any role to the Applicant. He urges that the Applicant has been fully cooperating with the investigation, has appeared before the IO as and when required and has answered the questions posed to him truly and correctly. In the aforenoted background, counsel for the Applicant argues that the Applicant ought to be granted anticipatory bail. 5 “CDRs” BAIL APPLN. 4333/2024 Page 4 of 6 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 24/01/2025 at 14:19:40

2. The request of the Applicant for anticipatory bail is strongly opposed by Mr. Mukesh Kumar, APP for State. He submits that although the Applicant may have appeared before the IO, it was under the protection given by this Court vide order dated 27th November, 2024. He urges that unless the prosecution is given the option of custodial interrogation, no recovery can be made against the Applicant. He further submits that on the basis of the disclosure made by the accused Aqib and the CDRs, the role of the Applicant is evident. Moreover, the Applicant has failed to give any explanation for the numerous calls between him and the accused persons, and further, he has denied knowing any of the accused.

3. The Court has considered the aforenoted contentions. It is noted that the matter is at the stage of investigation and the role of the Applicant, in the instant case, is yet to be confirmed. As per the submission of the prosecution the only indication of the Applicant’s involvement is on the basis of the disclosure made by the accused Aqib as well as the CDRs. On this aspect, it is noted that although, prima facie, there indeed appears to be numerous calls being exchanged between the Applicant and accused Arjun as well as his wife, however, there is no transcript of the said calls. No recovery has been made from the custody of the co-accused Aqib who has named the Applicant as the person to whom he sold the stolen gold items. Moreover, as per the directions of this Court, the Applicant joined the ongoing investigation as and when sought by the IO and did not flout the directions of the Court. In such circumstances, the Court is inclined to allow the present application and accordingly, the following directions are issued:

4. In view of the foregoing, the application is allowed. The Applicant, in the event of arrest, is directed to be released on bail on furnishing a personal BAIL APPLN. 4333/2024 Page 5 of 6 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 24/01/2025 at 14:19:40 bail bond for a sum of Rs. 25,000/- with one surety of the like amount, subject to the satisfaction of the concerned SHO, on the following conditions: (i) The Applicant shall join and cooperate with the investigation as and when directed by the IO; (ii) The Applicant shall not leave the boundaries of the country without informing the IO/ SHO concerned; (iii) The Applicant shall not contact the witnesses or tamper with the evidence in any manner; (iv) The Applicant shall give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times;

5. In the event of there being any FIR/DD entry/ complaint lodged against the Applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail.

6. It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.

7. The application is allowed in the afore-mentioned terms. JANUARY 13, 2025 SANJEEV NARULA, J BAIL APPLN. 4333/2024 Page 6 of 6 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 24/01/2025 at 14:19:40