SIFARISH KHAN Vs. STATE (GOVT OF NCT)

JUDGEMENT

(1.) The petitioner seeks to be released on bail in case FIR No. 346/2024 of P.S. Kotla Mubarakpur for offences under Ss. 319(2)/318(4)/61(2) of BNS.

(2.) Broadly speaking, prosecution case is as follows. On 5/10/2024, a complaint was lodged before the local police by one Shri Ravinder Sharma, alleging that on suggestion of his friend Sanjay to the effect that from Nepal, gold at rates 30% cheaper can be purchased, in order to do so on 3/10/2024 accompanied with his nephew Aman, carrying cash Rs.11,00,000.00 he went to South Extension Metro Station Gate No. 3, where on directions of Sanjay, he met one Deepak, who led them to office in J-Block South Extension Part I. There he handed over Rs.11,00,000.00 to Deepak and the latter handed over gold in a bag, offering to deliver the bag in the car of the complainant. Thereafter, complainant, Deepak and Aman started walking towards the car. In the meanwhile, on a Pulsar motorbike two persons came, who were wearing police shoes and khaki pants and one of them who was carrying a 'pistol-like instrument' snatched the gold bag and asked them about the same. Seeing this, Deepak and Aman fled away and the persons on motorbike started following them. Subsequently, those motorcycle-borne snatchers fled away. The incident occurred on 3/10/2024 at 01:00 AM but the complainant lodged his complaint on 5/10/2024.

(3.) The allegation against the present petitioner is that the Pulsar motorbike on which the alleged snatchers came was owned by the petitioner. In this regard, the only evidence is a statement under Sec. 161 Cr.P.C of one Vijay Kumar, son of the registered owner of the bike, who stated that some time in the year 2019, his father had sold away that bike to the present petitioner but neither he had any document of sale nor did he remember date or month of the alleged sale. Father of Shri Vijay Kumar is alive as per the IO but was not examined because according to IO, the said person (who is registered owner of the bike) is an old man.