WASEEM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is a petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.555/2019 dated 29.11.2019 registered at Police Station Sagarpur for offence punishable under Sections 392, 394, 397, 341, 411 and 34 IPC and Sections 25, 27, 54 and 59 Arms Act.

(2.) The case of the prosecution is that information was received Police Station Sagarpur on 28.11.2019, which was registered vide DD No.57A, regarding robbery at gun point. On receiving the information, the Police reached the spot. It was found that the complainant had already gone to the hospital. Police reached the hospital and recorded the statement of the complainant. In his statement, the complainant stated that on 28.11.2019, he was returning from a marriage, at about 9:50 PM. The complainant stated that when he reached Gali No.9, Sagarpur, Delhi, three people came on a bike and stopped their bike in front of the complainant 's motorcycle. The complainant stated that one person snatched the key of his bike while the rider fired in the air and all the three persons hit the petitioner on his helmet, snatched the key and the purse which contained the Adhaar Card of the complainant and Rs.145/-. The complainant stated that he shouted for help and when people came out of their houses, the three boys ran away on their bike. It is also stated by the complainant that the number plate of the bike was hidden. On the complaint, FIR No.555/2019 dated 29.11.2019 was registered at Police Station Sagarpur for offences punishable under Sections 392, 394, 397, 341, 411 and 34 IPC and Sections 25, 27, 54 and 59 Arms Act.

(3.) On 14.12.2019, the petitioner herein was arrested with an illegal pistol in FIR No.566/2019 registered by Police Station Mundali, District Meerut, UP under Sections 25/54/59 of the Arms Act. The Aadhaar Card of the complainant in the present case was recovered from him. The petitioner deposed his involvement in the present case along with two other persons namely Waseem @ Langada @ Padhan and Gufran @ Bhullan. The petitioner was arrested in the present case. An application for TIP proceeding was moved but the petitioner refused to participate in the TIP proceedings.