TARANJEET SINGH Vs. STATE

JUDGEMENT

(1.) The instant application under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C") has been filed seeking regular bail in FIR bearing No. 309/2021 registered at Police Station Rajinder Nagar, Delhi for offences punishable under Ss. 392/411/34 of Indian Penal Code, 1860.

(2.) Learned counsel appearing on behalf of the petitioner submitted that as per FIR incident had taken place on 24/11/2021 at about 3: 15 PM and according to prosecution, the petitioner alongwith co-accused had been apprehended by the two police Constables within few minutes, still the FIR got registered at 23 hours. It is accordingly submitted that the delay in lodging the FIR has not been explained. Learned counsel further submitted that the petitioner has not committed any offence as alleged in the FIR and has been falsely implicated in the instant case. It is submitted that the petitioner is an innocent person having no criminal antecedents and he is a first-time offender. The petitioner is languishing in jail since 25/11/2021. It is informed that after completion of investigation, chargesheet has been filed on 15/1/2022. On instruction, learned counsel undertakes that the petitioner shall abide by any condition imposed by this Court while granting bail.

(3.) Per Contra, Mr. Raghuvinder Varma, learned APP appearing on behalf of the State vehemently opposed the bail application and submitted that a toy pistol and complainant's handbag was recovered from the possession of the petitioner. The offence is grave in nature and there is a high chance that petitioner may jump bail, if released by this Court. Learned APP is also apprehensive of the fact that if released on bail, the petitioner may try to influence/threaten the witnesses and hamper the trial. It is accordingly prayed that the petitioner does not deserve to be released on bail, at this stage. However, it is not denied that the petitioner has no previous criminal involvement.