SUMRAT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No.02/2023 of PS HNRS for offence under Sec. 411/413 IPC.

(2.) Broadly speaking, the allegation against the accused/applicant is recovery of only one stolen mobile phone from his possession. It is also an admitted position that initially the accused/applicant was not arrested and chargesheet was filed without arrest but subsequently on account of his involvement in few other cases, the accused/applicant was arrested on 20/6/2023. Since that day he is in custody.

(3.) The complainant de facto was naturally not able to identify the accused/applicant as allegation against him is not of theft but of recovery of the allegedly stolen mobile phone. As regards the other involvements, admittedly in most of the cases the accused/applicant stands acquitted. So far as the alleged recovery proceedings are concerned, there was only one witness, that too a police official. As mentioned above, the accused/applicant is in jail since 20/6/2023 and cannot be incarcerated further without any substantial reason.