The Delhi HC dismissed a bail petition under CrPC Section 439. The petitioner, accused of committing dacoity on gunpoint, was rejected as his CDRs placed him at the scene, charges were severe (IPC 395), and charges were not yet framed despite investigation completion.
Petition for bail under Section 439 CrPC dismissed.
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Through: Mr. Mihilal Chaudhary, Advocate through VC.
versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Richa Dhawan, APP for State with S.I./I.O. Satender Kr. Arya, PS Geeta Colony, Delhi.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
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 02/07/2025 at 01:21:28
the basis of disclosure statement of the co-accused persons and there is no linking evidence against the petitioner.
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 02/07/2025 at 01:21:28
regisrtered under Sections 392/397/34 of the IPC, 1860 and the petitioner was arrested on 12.12.2023. Allegedly one mobile phone has been recovered from his possession. The petitioner has been identified by the complainant he was produced in the Court.
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 02/07/2025 at 01:21:28
one of the six accused persons who had committed the active dacoity and participated in an active role of breaking the window of the car for stealing the gold jewellery and other articles, on a gun point. However, no recovery of weapon has been effected from the petitioner, except one OPPO mobile phone, which the petitioner claims to be a gift given by her sister and was using the same much prior to the alleged incident. However has been identified by the complainant as one of the accused persons who was involved in the alleged incident of dacoity.
NEENA BANSAL KRISHNA, J
SEPTEMBER 5, 2024 S.Sharma
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 02/07/2025 at 01:21:28
2 issues framed by the court
Whether bail should be granted to the petitioner accused of active participation in dacoity.
Whether the petitioner's age, family circumstances, or late charge framing justify interim bail before charge framing.
3 provisions across 3 enactments
Bachan Vir
State of NCT of Delhi
Neena Bansal Krishna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
