HARI SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 04.08.2015, passed by learned Additional Sessions Judge -II, North -West, Rohini, Delhi, whereby the learned Additional Sessions Judge has declined his bail application.

(2.) By this petitioner, the petitioner seeks regular bail under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 in a case registered under FIR No.232/2015 under Section 395/397/34 of Indian Penal Code, Police Station Maurya Enclave,

(3.) The prosecution case is based upon the statement of one Rajpal, who was working as a Security Guard at Liquor Shop at Pitampura, Delhi. It is alleged that on 13.3.2015, at about 2.30 am three boys came there and one of them put a knife on his neck and threatened him to kill if he raised alarm. It is further stated by the complainant that one of them pressed his mount and the other boy caught hold of his hands and forcibly took him inside the liquor shop, where he found that 5 more boys were present. When police siren rang, all the eight boys fled away and while fleeing from the spot, a mobile phone of one of those boys fell down, which resulted in apprehending three persons including the petitioner herein. During investigation, names of other accused persons were disclosed but they could not be arrested even after issuance of NBW and were preceded under Section 82/83 of Cr. P.C., but somehow succeeded in obtaining interim protection from this Court subject to their joining the investigation.