The seriousness of the offences, the identification of the accused, and the likelihood of the accused threatening the witnesses are crucial factors in considering a bail application.

JUDGMENT

Subramonium Prasad, J. - The petitioner seeks regular bail in FIR No.272/2018 registered at Police Station Jagat Puri for offences under Sections 395/397/120B/412/34 IPC and Sections 25/27 of the Arms Act.

2. Facts, in brief, leading to the instant petition are as under:

a) One Umesh Bansal S/o Sh. Rameshwar Prasad Bansal R/o H.No. B-802, Apex the floors Sector 18 Vasundhara, Ghaziabad, UP gave a complaint stating that he runs a cloth trading business having its office at H.No. A-30 1st Floor, Gali No.3, Old Arjun Nagar, Jagatpuri, Delhi. It is stated that on 17.09.2018 he along with his worker namely, Ram Sewak S/o Ram Prasad R/o H.No. A-81/B, Gali No 4, Rajveer Colony, Ghadoli Extention, Delhi, had gone to Shalimar Bagh to receive payment of Rs 2,70,000/-. It is stated that they kept the money in one bag and left on their scooty. It is stated that the complainant was riding the scooty and Ram Sewak was sitting at the back. It is stated that at around 3:50 PM they reached the shop. It is stated that when they reached in front of their shop, two persons, aged about 25-30 years, came there on a black coloured Splendour motor cycle. It is stated that the person sitting at the back of the motor cycle came towards the complainant and tried to snatch the bag containing money. It is stated that the person riding the motor cycle took out a pistol and fired at the complainant and Raw Sewak and snatched the bag. It is stated that after snatching the bag, the person riding pillion, also fired a shot from his pistol which hit the left thigh of Ram Sewak. It is stated that the accused took one more bag from the scooty and fled from the place and the complainant could not note down the number of the motor cycle. It is stated that Ram Sevak was taken to Dr. Hedgewar Hospital. Police was informed about the incident. Police came to the hospital and received the MLC of Ram Sewak being, MLC No 3478/18. On this complaint FIR No.272/2018 was registered at Police Station Jagat Puri for offences under Sections 394/397/34 IPC and Sections 25/27 of the Arms Act. Police came to the spot and four empty cartridges and four bullet leads were recovered and seized.

b) Statement of the complainant was recorded under Section 161 Cr.P.C wherein he stated that due to anxiety and the incident he had forgotten to tell about Rs.5,00,000/- which he had kept in the Scooty. He, therefore, stated that a total of Rs.7,70,000/- had been stolen by the accused persons.

c) During investigation CCTV footages were obtained and analysed. On the basis of the CCTV footage, CDR of one Sahib@Prabhjot S/o Tajender Singh was analyzed and it was found that he was in constant touch with one Sakshi W/o Ravinder. CDR of Sakshi's phone number was analyzed and it was found that she was in constant touch with one Indal S/o Brijlal. Location of both the numbers was found to be near the place of incident. Indal and Ravinder were arrested and their statements were recorded. In their disclosure statement they stated that Anil@Annu, Sahib@Prabhjot, Ravinder@Babloo, Shakil@Arvind and the petitioner herein were involved in the commission of offence.

d) The petitioner herein was running in Judicial Custody at Dasna Jail, Ghaziabad. He was formally arrested on 06.10.2018. Section 395 IPC was added in the FIR. TIP proceedings were conducted and the petitioner was identified by the injured and the eye-witness. The petitioner was not identified by the complainant, however, it is pertinent to note that the complainant lodged a complaint, being FIR No.298/2018 for offences under Section 195A IPC at Police Station Jagatpuri, against the petitioner herein stating that the petitioner and his associates have threatened him not to identify the petitioner during TIP proceedings.

e) Out of the total amount of Rs.7,70,000/-, Rs.3,20,000/- was recovered from the flat of the petitioner. A pistol with five live cartridges and a Hero Honda Splendour Motorcycle, which was used in commission of offence was also