JAVED Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By this petition filed under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C), the petitioner is seeking bail in a case registered as FIR No. 72/2012 under Sec. 392/397/34/174A of IPC, registered at Police Station Kirti Nagar. Delhi. In nutshell, the case of the petitioner is that his name was disclosed by the main accused - Arshad, who was arrested at the place of the incident, which took place on 13th March 2012 at about 2.30 a.m. It is alleged that four young men came in Mahindra Pickup vehicle bearing registration No. HR -74 -5497 and parked it adjacent to the truck of the complainant - Imran. It is alleged that two young men held the complainant at knife point and another young man of 25/26 years removed both the rear MRF tyres alongwith rim of truck of the complainant. It is further alleged that other young men of about 20/25 years removed rear Apollo tyres of his truck HR -63 -0016 alongwith its rim and robbed mobile No. 9720013995, make Kormla Black colour, Sonata wrist watch and Rs. 11,000/ - from Kala and Rs. 10,000/ - from the complainant at knife point. All the accused persons, upon seeing the police, tried to flee from the scene in their Mahindra Pickup after loading all the four tyres, but the accused Arshad., who held the complainant captive at knife point got arrested from the spot. During investigation, he disclosed the names of other co -accused persons, including the petitioner herein.

(2.) The main accused - Arshad is stated to have been released on bail vide order dated 8th October 2013 and the other co -accused -Shaukat, whose name was also disclosed by the main accused -Arshad is also stated to have been released on bail on 22nd March 2014.

(3.) Mr. M. Shamikh, Advocate appearing on behalf of the petitioner argues that the petitioner's bail application was rejected by the learned Additional Sessions Judge - 05, (West), Delhi, primarily on the ground that the petitioner was declared proclaimed offender and was arrested on 11th November 2014. In this regard, counsel for the petitioner contended that the petitioner was never absconding but was lodged in Bhondsi Jail, Gurgaon in another case, i.e. FIR No. 133/13 under Sec. 379 of IPC, Police Station Badshahpur. Haryana. Counsel for the petitioner further contended that the petitioner is in custody for the last one year and the main accused -Arshad as well co -accused - Shaukat have already been released on bail, therefore the petitioner ought to be released on bail on the ground of parity.