The seriousness of the offences, the accused's active involvement, and the likelihood of the accused repeating the offence if released are crucial factors in determining bail applications.

JUDGMENT

Subramonium Prasad, J. - This application under Section 439 Cr.P.C. read with Section 482 Cr.P.C. has been filed seeking grant of bail in FIR No. 108/2021 registered at Police Station Delhi Cantt. under Sections 392/395/397/120- B/412/188/269/34 of the Indian Penal Code, 1860 (hereinafter, IPC) & 25/27 of the Arms Act, 1959.

2. The facts, in brief, leading up to this petition are as follows:

a) It is stated that the Complainant had a flight to Dubai on 22.04.2021 at 4:40 AM for which he left his house at 21.04.2021 at about 11:00 PM by an Ola cab and went to Bangla Sahib Gurudwara, Connaught Place. It is stated that there he met his friend, Paras, who took the Complainant on his scooter, along with the Complainant's belongings, and dropped him near Dhaula Kuan petrol pump around 12:45 AM. It is stated that Paras called his friend, Pratap, and told him to come with his car to Dhaula Kuan petrol pump as the Complainant was standing there with his belongings. It is stated that Pratap, and after some time, Pratap's acquaintance, Surjit, came to the spot in their respective cars, and Surjit's friend, Nayyar Qureshi, also accompanied him. It is stated that the Complainant had kept his belongings in the dickey of the car which also contained one hand bag and trolley belonging to Pratap. It is stated that the Complainant sat in the backseat of the car, with Surjit on the driver's seat and Pratap in the front passenger seat.

b) It is stated that as Pratap was giving the Complainant the plane ticket and some money, one boy came, opened the door of the car, sprinkled chilli-like powder in the eyes of the Complainant. It is stated that thereafter, the Complainant saw 2-3 boys were removing the belongings from the dickey of the car and keeping them in the adjacent Ritz car, and that then they fled towards Gurgaon. It is stated that as it was night time, no one came to help the Complainant and his acquaintances. It is stated that the Complainant's belongings which were taken included two mobile phones, one pair of slippers, three pairs of shoes and total of 15,000 Dirhams, and other things.

c) It is stated that the ASI on duty went to the spot and found the Complainant in a perplexed state, and on checking the CCTV footage of the spot as well as after recording the statement of the Complainant, noted that commission of offences under Sections 392/188/269/34 IPC had been made out.

d) The Petitioner herein was arrested on 30.05.2021, and regular bail application of the Petitioner herein was dismissed by the Ld. Trial Court on 15.09.2021. Chargesheet has been filed under Sections 392/188/269/34/395/397/120-B/412 IPC and Sections 25/27 of the Arms Act, 1959. The Petitioner has now approached this Court for grant of regular bail

3. Mr. Mohit Mathur, learned Senior Counsel appearing on behalf of the Petitioner, has submitted that not only was the instant FIR lodged after an unexplained delay of 19 hours, but that it also fails to disclose the identity of the Petitioner herein. He has submitted that it was only on the statement of the co-accused Amrik Singh that the Petitioner herein was arrested. Mr. Mathur has further brought attention to the fact that the 4000 Riyal which was allegedly recovered from the house of the Petitioner had been planted surreptitiously.

4. It has also been submitted by the learned Senior Counsel that the Petitioner has been falsely implicated in the instant matter and that the FIR itself discloses false facts. He has stated that the FIR initially mentioned that 15,000 Dirhams had been robbed from the Complainant and that this was improved at a later point of time by stating that it was Riyal and not Dirhams which had been robbed. He has further stated that there exists no proof to showcase that the Complainant was carrying 15,000 Riyal at the time of the alleged robbery.

5. Mr. Mohit Mathur, learned Senior Counsel for the Petitioner, has submitted that the Petitioner was arrested 30.05.2021 and has been in judic