Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1464

IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Bhupender Singh @ Bhuttan - Appellant
Versus
State (NCT Of Delhi) - Respondent
Bail Application No. 2991 of 2021
Decided On : 16-11-2021

Advocates appeared:
Mohit Mathur, Advocate, Rajiv Tehlan, Advocate, Tarun Gaur, Advocate, Amit Chadha, Advocate

The nature and gravity of the offence, the potential impact on public safety, and the likelihood of the accused fleeing from justice are key considerations in bail decisions.

Headnote:
Bail - Criminal Conspiracy - IPC 186, 353, 332, 307, 224, 225, 482, 392, 397, 120B, Arms Act 25, 27
Fact of the Case:

The petitioner sought bail in a case involving the escape of a high-risk prisoner from police custody, where he was alleged to have played a key role in the conspiracy and abetting the escape.
Finding of the Court:

The court found that the petitioner's involvement in the conspiracy to aid the escape of the under-trial prisoner was significant and that the gravity of the conspiracy had a bearing on the decision. The court also noted the potential impact on public safety and the criminal justice system.
Issues: The key issues included the petitioner's role in the conspiracy, the evidentiary value of the disclosure statement, and the potential for tampering with evidence and influencing witnesses.
Ratio Decidendi: The court considered the nature and gravity of the offence, the severity of the punishment, the likelihood of the accused fleeing from justice, and the potential impact on public safety and society as a whole.
Final Decision: The court dismissed the petition for bail, citing the magnitude of the conspiracy, the potential impact on public safety, and the need for a trial to examine the deep-rooted conspiracy.

JUDGMENT

Subramonium Prasad, J. - This petition under Section 439 CrPC is for grant of regular bail to the Petitioner in FIR No. 85/2021 registered at Police Station GTB Enclave for offences under Sections 186, 353, 332, 307, 224, 225, 482, 392, 397 and 120B IPC read with Sections 25 and 27 Arms Act. The Petitioner was arrested on 28.03.2021.

2. Briefly stated, the facts, as given in the FIR are that on the statement of ASI Braham Pal posted at Mandoli jail, the instant FIR was registered. It is stated that under-trial high risk prisoner Kuldeep @ Fajja, belonging to Gogi Gang, was taken to the OPD at GTB Hospital from Mandoli Jail. It is stated that after the check-up, Kuldeep @ Fajja was being taken back, and outside the building a group of 10-12 boys attacked the group of policemen. Two of the accused persons, who were minors, threw chilly powder in the eyes of the police. Two persons were injured badly in the cross-firing at the hospital and one of the injured passed away. The scene of crime was seized and the bullet shells, cartridges, samples of blood stains, earth from the site and a Scorpio car bearing number plate DL-4C-NB- 5751, were taken into police custody and were sent for forensic examination. The assailants succeeded in helping Kuldeep @ Fajja escape from the jail custody. It is stated that Kuldeep @ Fajja reached Jaipur Golden Hospital where the petitioner herein met him and he took him to the residence of one Yogender Dahiya on his scooty at Rohini.

3. The petitioner was arrested on 28.03.2021. It is stated that the scooty on which the petitioner and Kuldeep @ Fajja escaped was seized by the Police.

4. Chargesheet in the present FIR has been filed. The chargesheet sums up the entire incident where it states that a deep conspiracy was hatched between 15-20 persons to get Kuldeep @ Fajja escape from prison. The police team was dislodged by two persons throwing chili powder at them and creating confusion whereafter gun firing started from both sides. During the firing that took place at the hospital, two people got seriously injured and one of them died It states that after escaping from the Police at the Hospital, Kuldeep @ Fajja was taken from GTB Hospital. It is stated that Kuldeep @ Fajja was taken to a safe house at Sector 14 Rohini by the Petitioner herein for hiding. Kuldeep @ Fajja was encountered by the Police after a high-voltage gunfight that happened.

5. It states that the role of the Petitioner in the escape of Kuldeep @ Fajja was instrumental as he took the ill-famed gangster on his scooty/bike bearing registration number DL-11-SS-5507 from Jaipur Golden Hospital towards Sector 3 Rohini. It states that the incident has been captured by different CCTV cameras, where the scooty/bike can be seen with two persons riding it wearing helmets. It states that the Petitioner took Kuldeep Fajja to a hiding house belonging to another accused Yogender Dahiya, No. D-9 Tulsi Apartments Sector 14 Rohini for sheltering him. It states that the clothes worn by the Petitioner which had been seen on the CCTV footage were seized by the Police with the scooty.

6. The Chargesheet also states that a disclosure statement was taken from the Petitioner. In his disclosure statement, the petitioner herein stated that he received an international call on 24.03.2021 from Kuldeep @ Fajja stating that he will escape from Police custody and he asked the petitioner to make arrangements for his stay. The statement stipulates that the plot for this escape was hatched in January/February 2021 and he was communicating the plan of executing the escape with the other co-accused through frequent WhatsApp calls. It states that the Petitioner picked Kuldeep @ Fajja from Jaipur Golden Hospital, took him on his scooty and headed towards Village Naharpur, Sector 3 Rohini. This information revealed by the petitioner led the police to check CCTV footages which shows the Petitioner and deceased gangster Kuldeep @ Fajja, escaping on a scooty. However, the

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