Kartik Solanki v. State (Nct of Delhi)

SANGITA DHINGRA SEHGAL, J.

NOVEMBER 03, 2017 gr//

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1940/2017 Order reserved on : 24th October, 2017 Order pronounced on : 3rd November, 2017 KARTIK SOLANKI .….Petitioner Through: Mr. K.K. Sharma, Senior Advocate with Ms.Sonia Sharma, Mr Rajesh Kaushik and Mr. Sameer Chandra, Advocates. Versus THE STATE OF NCT OF DELHI …..Respondent Through: Mr. Akshai Malik, APP for the State. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL 1. By way of the present petition filed under Section 438 of the Code of Criminal Procedure (hereinafter referred "Cr.PC."), the petitioner seeks grant of Anticipatory Bail in FIR No. 390/2017 under Sections 419/457/380/392/411/120-B/34 of the Indian Penal Code, 1860 (hereinafter referred as "IPC") registered at Police Station Bhalswa Dairy, New Delhi. Status report is on record. 2. The case of the Prosecution is that the petitioner gave secret information to Ct. Manohar Lal working in Delhi Police about the illegal storage of Sandalwood in a Godown at Gali No. 8 Swaroop Nagar Extension Delhi and to verify the secret information both went to the spot where Ct. Ajay special cell and HC Deepak Special Cell reached on 27.06.2017 at about 6:00 PM and left after verifying that the storage of Sandalwood is legal. The petitioner and Manohar Lal got lured with the huge quantity of Sandalwood and contacted Sub Inspector Gaurav from the mobile phone of the petitioner, as it would mean a lot of money. SI Gaurav sent another SI in uniform to execute the plan. In the meantime the petitioner left to meet his aunt and Jitender, who was acquainted with Ct. Manohar came to the spot and forwarded their location to SI Gaurav. Soon after, SI Anuj came to the spot and SI Gaurav's friend Naresh also reached the spot with his tempo. Thereafter, Naresh, Ct. Manohar Lal, SI Anuj and Jitender entered the godown and SI Anuj who was in the police uniform controlled the guard of the godown, Naresh directed the tempo driver to bring his vehicle inside the godown, while Manohar, Jitender and Naresh broke the lock of the room where the Sandalwood was stored with a hammer and an iron rod. Thereafter, they loaded 30 sacks of Sandalwood in the vehicle. Jitender took out the SIM from the Chowkidar's mobile phone and thereafter they all left the spot with Sandalwood laden vehicles and on the instructions of SI Gaurav they hid 14 sacks of Sandalwood in a safe place and sent over the remainder to him. After sometime SI Gaurav called confirming that he had received the Sandalwood. 3. The following day Bhagwan Sharma who was the Contractor went to the godown and was informed about the whole incident by Chowkidar Maniram, after which he informed the owner of the Godown of the same and FIR No. 390/2017 was subsequently lodged. 4. Mr. K.K. Sharma, the learned counsel for the petitioner contended that the petitioner has been falsely and maliciously implicated by the complainant in connivance with the local police; that the petitioner is not even named in the F.I.R.; that there is an unexplained delay of one day in the registration of the F.I.R.; that the petitioner was present at his house at the time of the incident as narrated by the complainant and this can be proved by the CCTV footage of the camera outside the house of the petitioner and through his mobile location; that nothing has been recovered either from the possession of the accused or at his instance; that Sections 34 and 120-B of the Indian Penal Code cannot be used together as the alleged incident could have been committed either after hatching the conspiracy or by forming the common intention at the spot of crime; that the petitioner is being perceived as an accused solely on the basis of an inadmissible piece of evidence that is the disclosure statement of the co-accused; that the case of the police does not inspire any confidence as tons of sandalwood could not have been robbed without any planning for its storage or selling the same; that the motive of stealing is unsubstantia