SURENDER PASWAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present petition has been moved seeking bail in FIR No.53/2019 registered under Sec. 394/395/120-B/34/174-A IPC at PS New Delhi Railway Station.

(2.) As per status report, the present F.I.R. No. dtd. 10/5/2019 was registered on the complaint by Shri Babu Lal Yadav, resident of Siwan, Bihar. Facts of the case in brief are that on 9/5/2019, the complainant was on a train journey to Bihar and was in possession of gold items of M/s Ranji Jewellers, Shankar Jewellers and Shilpi Jewellers of Siwan. At about 7:00PM, at the New Delhi Railway Station, four people boarded the train and started beating the complainant, looted the gold items in his possession and then fled from the scene. The suspects were zeroed down from the CCTV footage of the cameras at shop of Ramanand, Abha Diamonds and Teju Fashion Shop identifying the accused persons, namely Santosh Paswan, Mukesh Sharma, Sahil and Dinesh. The mobile phone recovered from the scene of occurrence, bearing No. 8757058081, was registered in the name of the present applicant; Surender Paswan S/o Rajkumar Paswan Rlo Village Bardish, Post Malhari, PS Imam Ganj, Disitt. Gaya, Bihar.

(3.) Learned counsel for the petitioner submits that all other accused persons have already been admitted to bail. Learned counsel submits that except the disclosure statement made by the co-accused, there is no evidence against him. It has also been submitted that merely because the mobile phone found on the spot was registered in the name of the petitioner, he may not be kept in custody.