JYOTI GUPTA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) In furtherance of last order, it is informed by learned APP on instructions of the Investigating Officer SI Rupesh Raj that the petitioner has handed over her phone and SIM card and she joined further investigation also. Learned APP submits the Status Report which is accepted across the board, to be scanned and made part of the record.

(2.) The accused/applicant seeks anticipatory bail in case FIR No.508/2024 of PS Netaji Subhash Place for offence under Sec. 309(4)/317/311/3(5) of BNS. Broadly speaking, the prosecution case is that one Danish Peter @ Goldy was arrested for the offence of having committed robbery and dacoity on 20/7/2024 and in his disclosure statement, he stated to have sold the robbed gold ring and gold chain to the present accused/applicant. On the basis of the said statement, the investigating team conducted search at the residence of the accused/applicant but could not find the robbed articles. However, according to prosecution, there are multiple phone calls exchanged by the present accused/applicant and Danish Peter according to Call Data Records, which show her complicity.

(3.) During earlier hearings, learned counsel for accused/applicant explained that the said phone calls between the accused/applicant and Danish Peter were pertaining to a loan of Rs.20,000.00 advanced by the accused/applicant to Danish Peter, out of which the latter paid back Rs.10,000.00 and for the balance amount, the accused/applicant was retaining his air conditioner as security. Further, it was submitted on behalf of accused/applicant that the said CDRs pertain to the period between February 2024 and July 2024 whereas the alleged incident occurred on 20/7/2024.