SULTAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The instant application under Sec. 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeks anticipatory bail in connection with FIR No.167/2022, registered at Rajinder Nagar, for the offence punishable under Sec. 397/34 IPC.

(2.) Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. According to him, at the time of occurrence of the crime, the applicant was at his residence, which fact can be verified from the CCTV cameras of the area. He submits that his custodial interrogation is not required as the prosecution has taken a different stand before the trial court, during the pendency of the bail application before the said court. He further submits that the health condition of the applicant is not well; and he does not have any criminal antecedents.

(3.) The learned APP for the State opposed the application and while placing reliance on the status report filed by the State, he submits that the applicant is the main conspirator and he is the one who had arranged and supplied arms and ammunition to the other accused persons for the commission of the crime in question. He also stated that the case property is yet to be recovered from the applicant and the custodial interrogation of the applicant is required to take the investigation to its logical end. Since, the applicant is not co-operating with the investigation, therefore, non-bailable warrant has been issued against the applicant on 12/7/2022. Two more co-accused in the present case, are yet to be arrested and therefore, taking into consideration the seriousness of the offence, this court should not grant anticipatory bail to the applicant.