Friday, April 19, 2024

Delhi HC grants bail to attempted robbery suspect for lack of evidence

New Delhi: One accused in an attempted robbery of a cash van was granted bail last Friday by the Delhi High Court. The reasoning of the court for granting bail was that the accused had already spent nearly two years behind bars and that there was a lack of prima facie evidence against him.

Justice Sanjeev Sachdeva allowed the application seeking bail u/s 394/398/511/34 IPC. The suspect has spent 1 year and 10 months behind bars.

According to the FIR registered at the Patel Nagar Police Station by the driver of the private cash van, he (the driver) had taken the cash van from the office at Naraina Vihar, with other employees for loading cash in ATMs. Near Patel Nagar the custodian, auditor and the gunman took the cash and were proceeding to load cash in an ATM. While he (the driver) was sitting in the vehicle, two boys came from the front of the vehicle, holding something which resembled a weapon. Another man pointed a weapon-like object on him. Yet another pointed a weapon on the gunman. The gunman left his gun in the vehicle and ran away. A third boy came from the side and hit him on his head with some pointed object. He got out of the vehicle and starting shouting. When he started shouting the public gathered and the robbers ran away.

The counsel for the petitioner submitted:

“Dump data was obtained from various cell phone towers and analysed. Five suspected mobile numbers, having connectivity with each other were identified. The location of all the mobile phones was moving together and all of them were present at the scene of crime at the time of the incident.”

Tracing the IMEI numbers, a co-accused was suspected since he was involved in past robberies as well. The co-accused, who was arrested later, took the name of the petitioner and on this basis the petitioner was arrested.

The counsel also said that the entire case against the petitioner is based on circumstantial evidence and there is no direct evidence that says the petitioner has committed the said offence. Also there are no witnesses to prove the type of weapon used during the said attempt to rob the cash van.

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The High Court, keeping in view that the petitioner has already done nearly 2 years of imprisonment, granted bail.

Read the order here;


-India Legal Bureau


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