ASIF KHAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner seeks to be released on bail in case FIR No. 585/2023 of PS Daryaganj for offences under Sec. 392/395/397/412/120B/ 182/211/212/109/34 IPC.

(2.) Broadly speaking, allegation against the petitioner is that he conspired in committing of dacoity of Rs.90,00,000.00. The petitioner personally was not involved in the actual act of dacoity. However, out of the looted money, a sum of Rs.19,66,000.00 was allegedly recovered from his house at the instance of the petitioner. According to prosecution, the petitioner was an employee of the victim Mr. Mayank Jain and was involved in the conspiracy to commit dacoity along with other accused persons.

(3.) Learned counsel for petitioner contended that petitioner is innocent and has been falsely implicated in this case as he was merely an accountant of Shri Devender Jain and Shri Mayank Jain, his work profile being only deskwork from office. According to the petitioner, he was falsely implicated in this case on account of enmity with the accused Anil Tyagi and the CCTV footage of the alleged incident does not depict his presence. Learned counsel for petitioner further took me through the documents on record and contended that arrest of six accused persons, including the petitioner from distant places on the same day is not possible. For example, learned counsel for petitioner contended that it is not believable that at 11:00 pm on 19/12/2023, accused Ashish would be arrested from Shahdara, Delhi and after completion of all arrest formalities, accused Lucky would be arrested from Shamli, U.P. on the same night by about 11:30 pm.