AKASH Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This application under Section 439 Cr.P.C. has been made by the accused for grant of bail. The applicant is involved in offence under Section 365/342/394/395/397/506 read with Section 34 IPC.

(2.) M/s Nestle India Limited lodged an FIR alleging that on 28.11.2006 a Cantor/Container containing goods worth Rs.11 lac were sent through Vehicle No. HR 39 6289. The Container did not reach its destination. It was being driven by driver Shripal, who reported that some persons had robbed him of the vehicle and the goods. After robbing him, robbers threw him and the cleaner in a jungle near Kalindi Kunj. The complainant suspected the involvement of the driver and the cleaner in the commission of offence. An FIR was initially registered under Section 407 IPC against driver.

(3.) The police investigation, however, showed that the truck was actually robbed from driver and cleaner and police added Section 365/342/394/395/397/506 and 34 IPC. The applicant was arrested on a secret information about his involvement in this dacoity. On the disclosure of the accused and his accomplices, police was able to reach to other accused Surjit, who disclosed that the looted vehicle was given to Arun @ Babloo and Rajjak for selling the goods and the vehicle itself. Accused Arun and Razzak were apprehended with stolen Container within the jurisdiction of PS Ghazibad. A separate FIR No. Nil/2007 under Section 411 IPC and 41/102 Cr.P.C. was registered at Ghaziabad which was transferred to Delhi.