TUSHAR GARG Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) These anticipatory bail applications are moved by petitioners namely Satish Gupta; Tushar Gupta and Pulkit Gupta under Section 438 Criminal Procedure Code 1973 (hereinafter referred as Cr P C) in case FIR No.865/2020 under Section 448/380/506/34 IPC registered at police station Mangolpuri. Petitioner - Satish Gupta is father; petitioners - Tushar Gupta and Pulkit Gupta are his sons.

(2.) The brief facts are on 11.10.2020 at about 20.28PM a PCR call was received at police station Mangolpuri. The police reached the spot and after preliminary enquiry, the present case FIR was registered on the complaint of Dr. Vineet Kumar Kohli in which he alleged that he took on rent the premises bearing No.B-24, Pushpanjali Enclave, Delhi from the petitioner Satish Gupta for running his school and entered into an agreement in the year 2018 for a period of five years for monthly rental of Rs.1.00 lac. The complainant alleged on 11.10.2020 the guard of the school informed him about 40-50 people had gathered at the school premises and after breaking open the locks have entered inside the school. On receipt of this information, the complainant visited the school and found the locks of the gate broken and belonging of the school worth Rs.70.00 lacs, including the cash amount, electronics, laptops, printers and projectors etc were stolen and the petitioners along with their goons were present at the gate of the school and did not allow the complainant to enter the school premises. He thus made a call at number 100. The police reached the spot. The complainant furnished the list of stolen articles to the Investigating Officer and also provided the copy of the rent agreement dated 18.03.2020 between the petitioner Satish Gupta and himself. The statement of witnesses were recorded and during the course of investigation it was found on the date of the incident, the possession of the premises in question was with the complainant. The statements of the Principal (Coordinator), teacher of the school; book and stationery supplier were recorded. It transpired the books and uniform were supplied to the complainant from 02.03.2020 to 20.03.2020 for the total sum of Rs.14,75,985/-.

(3.) During the course of investigation, one Vikas, an employee of the petitioner Satish Gupta was arrested on 24.11.2020 and at his instance on 26.11.2020, in the presence of the complainant, from the first floor of house bearing No.C-89, Pocket-13, Sector 3, Rohini, Delhi various printed prospectus, leaflets, advertisement items, folders, educational activity box, printing books of play classes, and printed school bags etc were recovered at the instance of Vikas. The estimated cost of all the stolen item recovered was Rs.20.00 lacs.