OM PAL Vs. STATE ( NCT OF DELHI)

JUDGEMENT

(1.) Aggrieved by the order dated 01.07.2015, passed by the learned Additional Sessions Judge, Rohini, Delhi, vide which the bail application filed by the present petitioner has been rejected, the petitioner has preferred the present bail application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 for seeking bail in a case registered under FIR No.267/2012 under Section 328/392/411/120-B/34 of Indian Penal Code, Police Station Mahendra Park, New Delhi.

(2.) The FIR of the present case was registered on the complaint of Shri Hemant Kumar, an employee of Logi Cash Solution Pvt. Ltd., and the allegation levelled against the petitioner in the FIR is that the petitioner was a driver of vehicle No. DL-1RY-5-60 Maruti ECCO, and on 28.09.2012, he was accompanying the complainant Hemant Kumar, Brijesh and Yogesh for loading the cash in different ATMs. As per complaint, out of Rs.81 lac, firstly Rs.7 lac were loaded in ATM of OBC at Kishanganj, thereafter, Rs.3 lac in ATM of OBC at Kamla Nagar and after loading Rs.10 lac in ATM of Central Bank of India at Ghantaghar, when the complainant came out of the ATM, he saw that the driver Ompal (petitioner herein) was not near the vehicle and upon asking from Brijesh, he was told that he will be coming back in five minutes. After sometime Ompal came and took some sweets from the small box of sweets in his hand and gave one piece to Brijesh, one piece to Yogesh and one piece to the complainant. It is alleged that after taking sweets, the complainant and Yogesh felt dryness, palpitation headache, and intoxication. It is alleged that the petitioner made Yogesh, Brijesh and complainant sit in a vehicle and thereafter the complainant was not aware what happened. It is only in the hospital, that the complainant came to know that out of Rs.81 lac, only 30 lac were deposited in ATM. It is alleged that the petitioner gave intoxicated sweets and got the complainant and others unconscious and committed theft of Rs.51 lac from iron box which was lying in the vehicle. Thereafter, the petitioner fled away.

(3.) The petitioner had also moved an application before learned Additional Sessions Judge, Rohini, which was rejected vide order dated 1st July 2015.