STATE Vs. FAISAL FAROOQ

JUDGEMENT

(1.) Present petition has been filed under section 482 and 439(2) Cr.P.C. for setting aside the impugned order and consequential bail granted to accused/respondent vide order/judgment dated 20.06.2020 passed by Sh.Vinod Yadav, learned ASJ, Karkardooma Courts, Delhi in pursuance to FIR No.134/2020 dated 05.03.2020 registered at Police Station Dayal Pur, Delhi for the offences punishable under sections 147/148/149/307/395/436/ 455/201/114/505/153-A/120-B IPC.

(2.) The case of the respondent/accused is that he is an Educationist and is involved in imparting education to the various sections of the population. He runs and manages various schools like the Rajdhani Public School and Victoria Public School and has no criminal antecedents at all. This fact had been enquired from the Investigating Officer during the course of the Bail hearing and has been admitted by the Investigating Officer and duly recorded in the Bail Order dated 20.06.2020. The Learned Sessions Judge also recorded that as per the statement of the Investigating Officer, the Respondent has been running the said Schools for last 18 years without any complaint so far. However, to only stall his release from the jail, the Police authorities have falsely implicated him in another FIR No.73/2020 and arrested him on 22.06.2020, the day, the Respondent was to be released on Bail. These actions of the police authorities are illegal and malafide. The Respondent is seeking redressal of such illegal action separately.

(3.) Mr.Ramesh Gupta, learned Senior Advocate appearing on behalf of the respondent/accused submitted that the learned Metropolitan Magistrate had also rejected the request of police remand in case FIR No.73/2020 by a detailed order dated 24.06.2020. In addition, the Respondent had never absconded. As per the Charge Sheet, the respondent had come to the office of the Crime Branch office for interrogation on being called by the Police. The Accused had always been present during the investigation and had joined investigation.