IMPORTANT POINT
Prima facie evidence and limitations of hearsay evidence in bail decisions.

JUDGMENT

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeking regular bail in FIR No. 288/2022 dated 13.04.2022, registered at Police Station Prashant Vihar, for offences under Sections 394/34 of the Indian Penal Code, 1860 ('IPC') and Sections 25/27 of the Arms Act, 1959. Chargesheet has been filed against the applicant for the offences under Sections 394/34/120B of the IPC and Sections 25/27 of the Arms Act, 1959.

2. The FIR was registered on a complaint given by the complainant, namely, Rajesh Kumar Singh. It is alleged that the complainant used to collect payment on behalf of Berry Tex Pvt. Ltd. from various places. It is alleged that on 13.04.2022, two persons robbed the victim on gun point and ran after looting his bag, which had an amount of Rs. 15.48 lakhs in it. Thereafter, the complainant chased the assailants for a while. It is alleged that both the said assailants escaped on a motorcycle that was driven by the applicant.

3. It is alleged that a secret information was received by the Police that, one, Pratima Singh, is in possession of some part of the looted amount. The said Pratima Singh, on being interrogated, allegedly disclosed that she is friends with one person, namely, Yogesh, who had informed her that he had committed the robbery along with the applicant and another co-accused person. It is alleged that the case property of Rs. 75,000/- was recovered from her.

4. It is alleged that the applicant was, thereafter, arrested on 16.07.2022. It is alleged that the applicant disclosed that the motorcycle on which the accused persons had fled from the crime scene, was left by him in Civil Lines in the month of April, 2022 after the incident. It is alleged that the applicant further disclosed that the said motorcycle was stolen in the month of December, 2021.

5. It is the prosecution's case that during investigation, it was found that the motorcycle used in the commission of the crime, that had been ditched by the applicant, had been recovered by the staff of PS Civil Lines and deposited in the PS Civil Lines on 18.04.2022.

6. The learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case.

7. She submitted that there is no evidence against the applicant and he has been arrested solely on the basis of the disclosure statement given by co-accused Pratima Singh. She submitted that the disclosure statement of the co-accused person has no evidentiary value as it is not supported by independent evidence to corroborate the allegations levelled against the applicant.

8. She further submitted that, even though, it is claimed that the motorcycle recovered by the staff of PS Civil Lines was the one used in the commission of the robbery, however, there is no evidence to corroborate the said allegation. She submitted that only because the applicant was arrested, the offence in relation to some motorcycle being stolen has been fastened on him.

9. She submitted that even if one motorcycle was found lying abandoned in the Civil Lines area, there is no evidence to either show that the said motorcycle was the one that was used in the commission of the crime, or that the applicant was riding the said motorcycle.

10. She further submitted that the CDR location of the applicant also does not support the case of the prosecution as the offence took place in Prashant Vihar, but the applicant as per his CDR was at Khyber-pass Civil Lines at the time of the incident.

11. She submitted that the applicant was shown to the complainant in the police station, due to which, he identified the complainant during the Test Identification Parade Proceedings.

12. She submitted that the face of the applicant cannot be identified in the CCTV Footage of the incident whereby the very presence of the applicant at the place of the incidence is doubtful.

13. The learned Additional Public Prosecutor for the State submitted that the applicant is a habitual offender a