NASEEB Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a bail application seeking grant of regular bail filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 being accused in FIR No.229/2022 dtd. 7/3/2022 registered at P.S.: DBG Road, Delhi under Ss. 394/395/482/412/120B/34 of the Indian Penal Code, 1860 and under Sec. 25 of the Arms Act, 1959.

(2.) As per FIR, on 7/3/2022, the complainant while returning from office with one of his employees after collecting money, was assaulted by the applicant and other co-accused persons, who also took Rs.91,00,000.00from them. Thereafter, the applicant and the co-accused persons were apprehended from Rajpura, Punjab on 10/3/2022 when Rs.4,00,000.00, out of the total recovered amount of Rs.38,00,000.00, was recovered from the applicant. During investigation, a further amount of Rs.3,00,000.00 was recovered from the applicant's house on 12/3/2022. Thereafter, charge sheet was filed after conclusion of investigation and one of the co-accused persons was released on bail without conducting any Test Identification Parade (TIP).

(3.) Learned counsel for the applicant submits that the applicant is in judicial custody since 10/3/2022. He seeks parity with one of the co-accused person who has since been released on bail vide order dtd. 12/10/2022 passed by the learned Trial Court on account of his TIP having failed and also with another co-accused person who has also since been released on bail vide order dtd. 15/12/2022 passed by the learned Trial Court without his TIP being held.