(1.) The petitioner has filed this petition under Section 439 Cr.P.C for grant of bail in case FIR No.577 dated 11.09.2019 under Sections 380/34 IPC, Police Station Palam Vihar, District Gurgaon.
(2.) The FIR was registered against unknown persons on the complaint of one Amit Tanwar who stated that he looked after the legal cases of Hitachi Payment Service Pvt Ltd which had its head office at Chennai. The company performs various maintenance and financial operations related to ATMs of many banks and operates all over India. He stated that the previous day at around 11.00 AM he came to know by email that ATM machine bearing ID- APCN70712, Shop No.6, Sudan Singh, Hans Park Market, Carterpuri Gurgaon AXISBANK was cluttered. He was asked to reach there immediately. When he reached there he saw that the lock of the machine was broken and the camera wires were cut and there was a lot of tampering with the machine. It was later ascertained that cash amount of Rs.38,86,200/- was stolen. It was reported that some unknown person had stolen the money and action be taken.
(3.) Ld. Counsel for the petitioner has argued that neither the petitioner has been named in the FIR nor any specific role attributed to him. It is stated that the petitioner and his brother were illegally picked up by the Delhi Police on 01.10.2019. He was shown to have been arrested on 06.10.2019. He was falsely implicated in this case. His mother had made a call on the police No.100 regarding his being illegally detained. This has been confirmed by information received under the RTI (Annexure P-3). He states that the petitioner has no concern with the alleged loot. He has a shop in Delhi in the name of SRK Electronics (Sanjeev Rahul Kumar Electronics and is earning his livelihood from there.