- Naresh has applied for bail in a case where he is accused of robbery, wrongful confinement, and criminal intimidation along with others.
- The prosecution alleges that Naresh and others forcibly took Rs. 5,000 from the complainant's bank account through his phone and took Rs. 600 from his pocket after beating him at Naresh's dhaba.
- Naresh claims he has been falsely implicated and the allegations are baseless. He argues that he runs a dhaba for livelihood and the complainant was initially found near the dhaba under suspicious circumstances.
- Considering that Naresh has no prior criminal record, is a local resident, and the trial may take a long time
- Naresh has applied for bail in a case where he is accused of robbery, wrongful confinement, and criminal intimidation along with others.
- The prosecution alleges that Naresh and others forcibly took Rs. 5,000 from the complainant's bank account through his phone and took Rs. 600 from his pocket after beating him at Naresh's dhaba.
- Naresh claims he has been falsely implicated and the allegations are baseless. He argues that he runs a dhaba for livelihood and the complainant was initially found near the dhaba under suspicious circumstances.
- Considering that Naresh has no prior criminal record, is a local resident, and the trial may take a long time
- Naresh has applied for bail in a case where he is accused of robbery, wrongful confinement, and criminal intimidation along with others.
- The prosecution alleges that Naresh and others forcibly took Rs. 5,000 from the complainant's bank account through his phone and took Rs. 600 from his pocket after beating him at Naresh's dhaba.
- Naresh claims he has been falsely implicated and the allegations are baseless. He argues that he runs a dhaba for livelihood and the complainant was initially found near the dhaba under suspicious circumstances.
- Considering that Naresh has no prior criminal record, is a local resident, and the trial may take a long time
- Naresh has applied for bail in a case where he is accused of robbery, wrongful confinement, and criminal intimidation along with others.
- The prosecution alleges that Naresh and others forcibly took Rs. 5,000 from the complainant's bank account through his phone and took Rs. 600 from his pocket after beating him at Naresh's dhaba.
- Naresh claims he has been falsely implicated and the allegations are baseless. He argues that he runs a dhaba for livelihood and the complainant was initially found near the dhaba under suspicious circumstances.
- Considering that Naresh has no prior criminal record, is a local resident, and the trial may take a long time
Presented on : 13-08-2021 Registered on : 13-08-2021 Decided on : 19-08-2021 Duration : 0 year, 0 month, 6 days
IN THE COURT OF Additional Sessions Judge at Rewari (Presided Over by Sunil Kumar-II) UID No. HR-0233
BA/1077/2021 Naresh son of Khajan Singh, aged- 24 years, resident of village- Dhakiya, Police Station- Dharuhera, District- Rewari (Haryana). -----------Applicant/accused. VERSUS State of Haryana ..…Respondent.
FIR No.137 dated 08.07.2021.
Under Sections :- 342/379B/506/34 IPC. Police Station : Sector 6 Dharuhera, District- Rewari
BAIL APPLICATION UNDER SECTION-439 OF Cr.P.C.
ARGUED BY:-
Sh. Naveen Rao, Advocate for the applicant/accused namely
Naresh. Sh. Sanjay Suhag, Learned Public Prosecutor.
ORDER :-
The instant application for bail under Section-439 of Cr.P.C. has
been filed by the applicant/accused namely Naresh with the averments that
he has been falsely implicated by the complainant with mala fide intention
(Sunil Kumar-II) ASJ, RWR 19.08.2021 2 Naresh Versus State of Haryana
and ulterior motive in collusion with the interested parties. The alleged
occurrence took place on 07.07.2021 but the complaint was given after a
substantial delay on 08.07.2021. The applicant/accused is in custody since
09.07.2021. Nothing has been recovered from the applicant/accused. The
alleged offences are not made out from the contents of the FIR. The
allegations against the applicant/accused are levelled as a result of
afterthought and concocted version. The applicant/accused has no
connection with the alleged offences. The applicant/accused maintains a
Dhaba for his livelihood and he has been implicated without any substance
against him. The complainant (a suspected thief) was initially found near the
Dhaba and he was nabbed in order to prevent commission of theft. The
police officials were informed by the applicant/accused himself through his
mobile. In order to save himself, the complainant voluntarily made a
dubious transaction by means of scanning bar code of the dhaba and he
transferred the amount of ₹ 5,000/- in order to substantiate his version prior
to arrival of the police officials. The presence of the complainant at the spot
during the wee hours in itself is doubtful and the same points towards his
veracity. A few days ago, an incident of bike theft was reported near the
shops of the dhaba. The report under Section- 173 Cr.P.C. after completion
of the investigation has been submitted and even the charge has also been
framed against the applicant/accused. The case is fixed for evidence of the
prosecution on 06.10.2021. The trial in the case would take a long time to
conclude. Co-accused Rakesh has been granted bail vide the order dated
(Sunil Kumar-II) ASJ, RWR 19.08.2021 3 Naresh Versus State of Haryana
12.08.2021 passed by the Court. The applicant/accused has no intention to
tamper with the prosecution evidence and he would abide by the conditions
imposed by the Court. It is on the above grounds that the applicant/accused
has prayed for regular bail under Section-439 of Cr.P.C.
2. On notice of the bail application, reply to the same through the
learned Public Prosecutor has been filed. In the reply, the contents of the FIR
are reiterated and the same are not being reproduced herein for the sake of
brevity. It is further stated that after registration of the FIR under Sections
342/379B/506/34 of IPC, the investigation was initiated by SI Vijay Singh.
In the course of the investigation, the spot of occurrence was inspected and
the site plan was prepared. The complainant Sonu Kumar Sahani was
subjected to medical examination. The accused persons namely Naresh @
Bhopa, Rakesh, Amit Kumar and Dharmender were duly arrested on
08.07.2021. The confessional statements of said persons were recorded. In
their respective confessional statements, said persons admitted that the
amount of ₹ 600/- was snatched by them from the complainant after beating
him. The applicant/accused Naresh transferred an amount of ₹ 5,000/- from
the account of the complainant Sonu Kumar through mobile no.9050800996.
He also got recovered the amount of ₹ 5,000/- by means of withdrawing the
same through ATM from SBI Bank. The place of occurrence was got
demarcated by the accused persons. The report under Section-173 Cr.P.C.
has since been submitted in the Court on 03.08.2021. If the
applicant/accused is granted bail, he may pressurize the complainant and the
(Sunil Kumar-II) ASJ, RWR 19.08.2021 4 Naresh Versus State of Haryana
witnesses. It is on the above grounds that the bail application is sought to be
dismissed.
3. I have gone through the contents of the bail application as well
as the reply filed to the same thoroughly and carefully. Arguments led by
learned counsel for the applicant/accused namely Naresh as well as the
learned Public Prosecutor have been heard at length by me.
4. The instant FIR No.137 dated 08.07.2021, under Sections-
342/379B/506/34 IPC has been registered with police station- Sector 6
Dharuhera on the basis of a complaint moved by one Sonu Kumar Sahani
son of Chhote Lal Sahani, resident of village- Paktta Mainpur, Ward No.2,
Police Station- Pokhriya, District- Parsa, Nepal. The complainant alleged
that he is residing in the house of one Manoj Kumar situated in village
Malpura. On 07.07.2021, he was coming from his home situated in Nepal
and going to JTEKT India Limited. It was around 12:00 in the night when
complainant reached at Hero Chowk, village- Malpura, Dharuhera and he
was proceeding towards his room. Meanwhile, two persons came from
behind and caught collar of the complainant. He was taken inside the
Punjabi Dhaba by said persons. In the Punjabi Dhaba, 2-3 boys were already
sitting. All the boys checked the pocket of the complainant and the Dhaba
owner Bhopa @ Naresh was also there. Said persons were addressing each
other as Amit, Dharmender, Rakesh etc. They snatched the mobile set of the
complainant and got his password. The complainant maintains account
no.50100392691476 with HDFC Bank and forcibly an amount of ₹ 5,000/-
(Sunil Kumar-II) ASJ, RWR 19.08.2021 5 Naresh Versus State of Haryana
was transferred from his account through his phone no.6396464073 to
mobile no.9050800996 bar code Punjabi Dhaba. The boy named Amit took
out an amount of ₹ 600/- from the pocket of the complainant while beating
him. During the night, the police reached.
5. It is on the basis of the allegations as summarized above that the
instant FIR has been registered. The applicant/accused is a permanent
resident of village- Dhakiya, Police Station- Dharuhera, District- Rewari. He
is in custody since 09.07.2021. No criminal case registered against the
applicant/accused in the past is disclosed in the reply to the bail application.
It means that the applicant/accused is not a person bearing criminal
antecedents. The report under Section-173 of Cr.P.C. has been filed in the
Court after completion of the investigation and even the charges have been
framed. Co-accused Rakesh has since been released on bail by the Court.
Since the applicant/accused is a permanent resident of the given place
without any criminal antecedents, there is no reasonable likelihood of the
applicant/accused escaping from the process of law. The trial in the case
shall take time and there is no such document collected in the course of the
investigation which may be tampered with by the applicant/accused if
released on bail.
6. For the reasons recorded above, it would not be justiciable to
keep the applicant/accused under detention any longer. Hence, the
application for bail under Section- 439 of Cr.P.C. is allowed and the
applicant/accused Naresh is admitted to bail subject to furnishing personal
(Sunil Kumar-II) ASJ, RWR 19.08.2021 6 Naresh Versus State of Haryana
bond in the sum of ₹ 50,000/- with one surety of the like amount to the
satisfaction of this Court. Requisite bonds not furnished today. Papers be
(Sunil Kumar-II) ASJ, RWR 19.08.2021 7 Naresh Versus State of Haryana
HRRE01-004821-2021 BA-1077-2021
Present: Sh. Naveen Rao, Advocate for the applicant/accused namely
Naresh. Sh. Sanjay Suhag, Learned Public Prosecutor.
Order pronounced. Vide my separate order of even date, the bail
application is allowed and the applicant/accused namely Naresh is admitted to bail subject to furnishing personal bond in the sum of ₹ 50,000/- with one surety of the like amount to the satisfaction of this Court. Requisite bonds not furnished today. Papers be tagged with the main case file.
