GOPAL @ AJAY Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1908 for the grant of regular bail in FIR No.45/2012, Police Station Kalkaji, under Sections 395/397/412/120-B/34 of the Indian Penal Code.

(2.) The facts, in brief, are that the complainant Vijay Sarpal made statement before the police that on the day of incident, he returned back to his house after collecting money from his shop. His servant Bahadur came out of the house to take money from the car. During the process of taking out money, 3-4 boys came in a car. One of the boy dragged Bahadur by his neck and another boy showed a pistol like object and snatched the bags containing cash and fled away. In one bag, there was cash of Rs.7 lakhs while in other bag there was cash of Rs.3 lakhs along with other documents. On the basis of statement of the complainant, FIR of the present case was registered.

(3.) During investigation, accused Pappu Kumar was arrested and he disclosed the name of his associate as Guddu. A sum of Rs.47,000/- was recovered at his instance. Thereafter, accused Jubair Ahamad @ Raja and Gopay @ Ajay were arrested. At the instance of accused Jubair Ahamad @ Raja, cash of Rs.18,500/- and shop papers were recovered, whereas two cheque books and Rs.21,500/- were recovered from accused Gopal @ Ajay. Thereafter, remaining accused Rahul Balmiki, Rajendera @ Arjun and Annu were arrested.