Regular bail applications by two accused in a robbery case involving alleged fake COVID-19 test ruse near New Delhi Railway Station. The court granted bail on parity with co-accused already released, noting long custody and witnesses yet to be examined.
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$~3 & 5
ANIL VERMA .....Petitioner Through: Mr. Keshav Khurana and Mr. Bijendra Singh Sharma, Advocates.
versus
THE STATE GOVERNMENT OF
NATIONAL CAPITAL TERRITORY OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Kabib Khan, ER-1, Crime Branch.
SANJEEV KUMAR THROUGH PAROKAR MR. MANJEET MAGGO .....Petitioner
Through: Mr. Mukesh Gupta, Mr. Mayank Ahuja and Mr. Abhishek Sharma, Advocates.
versus
STATE OF NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Kabib Khan, ER-1, Crime Branch.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R % 14.08.2024
BAIL APPLN. 2194/2024 & 2457/2024
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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 16/08/2024 at 11:37:40
under Section 392/397/342/411/120B/34 IPC and Sections 25/27 Arms Act registered at P.S. Crime Branch.
“3. In brief, as per the case of prosecution, complainant alleged that he is working in Riyadh, Saudi Arabia and took a flight on 09.07.2021 to return home along with four co-travelers. On the intervening night of 09/10.07.2021 about 01:00 AM, they proceeded from IGI Airport to New Delhi Railway Station. About 02:00 AM, they met accused Anil Verma, who informed that they would require COVID-19 test reports for travelling by train, as the test report provided by the Airport would be inadmissible. Complainant along with co-travelers were taken to an Office at Paharganj by accused Anil Verma, where they were informed that they can collect their COVID-19 test reports at 11: 30 AM on the next morning from the Office. Further, coordination was made for their stay at hotel.
4. In the morning about 11:30 AM, when the complainant reached the designated office along with co-passengers to collect the aforesaid COVID-19 test reports, six accused were already present there. Accused Vijay Bhan Pandey armed with countrymade pistol, Deepak Kumar with a knife along with other four accused assaulted and robbed them of cash and other valuables. Thereafter, the complainant along with co-travellers were taken to train just 10 minutes prior to departure and one of the porters/coolie namely, Firoz Khan (co-accused) was engaged for said purpose.
5. While complainant along with co-travelers were boarding the train, the Police party was able to contact the complainant and other co-travelers, who informed them of the alleged incident. Thereupon, the raiding party immediately visited the office of accused, wherein four accused namely Vijay Bhan Pandey, Deepak Kumar,
BAIL APPLN. 2194/2024 & 2457/2024
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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 16/08/2024 at 11:37:40
Sanjeev Kumar and Harish Singh were apprehended at the spot.”
The case of the petitioners is at parity with co-accused Raju Shah as well as Harish Singh, who have already been admitted to bail. Petitioners are in custody since July, 2021 and statement of material witnesses is yet to be recorded. The bail applications of Deepak Kumar and Vijay Bhan Pandey were rejected vide order dated 10.04.2024 by this Court since they allegedly also used deadly weapons in commission of offence.
BAIL APPLN. 2194/2024 & 2457/2024
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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 16/08/2024 at 11:37:40
A copy of this order be forwarded to Superintendent Jail and concerned Trial Court for information and compliance.
A copy of this order be kept in connected application.
ANOOP KUMAR MENDIRATTA, J
AUGUST 14, 2024/ kd
BAIL APPLN. 2194/2024 & 2457/2024
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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 16/08/2024 at 11:37:40
1 issue framed by the court
Whether accused Anil Verma and Sanjeev Kumar, in custody since July 2021, should be admitted to regular bail on parity with co-accused already released.
3 provisions across 3 enactments
Anil Verma
Sanjeev Kumar through parokar Mr. Manjeet Maggo
State (Government of NCT of Delhi)
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
