PINTU DAS Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner seeks regular bail in case FIR No. 314/2017 under Sections 381/328/411/34 IPC, Police Station Karol Bagh (now before the Special Investigation Cell).

(2.) The allegations in the FIR are that the complainant, who has a factory of making gold ornaments, left the factory in the evening. Thereafter, the co-accused is alleged to have celebrated the birthday of his son and distributed sweets among other workers, which was laced with intoxicant, after consuming which the workers became unconscious. In the morning when the complainant returned to his factory, he found that the vault was opened and all the workers were sound asleep and seemed to be unconscious. Subsequently, it was found that approximately 3.5 kg of gold jewellery, etc. was stolen.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated and the petitioner is not even named in the FIR. There is no evidence to show that the petitioner was even present on the spot and there is no recovery made from the petitioner.