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2001 DAILYLAW 833 (DEL)

PRADEEP v. THE STATE( NCT OF DELHI)

BAIL APPLN./2001/2026 · 2026-05-21

Swarana Kanta Sharma

body2001

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2001/2026 PRADEEP .....Petitioner Through: Mr. Sunil Tiwari, Advocate (through VC) versus THE STATE( NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP for State with SI Kavish Rana, PS: Lahori Gate, Delhi. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 21.05.2026 CRL.M.A. 16419/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. BAIL APPLN. 2001/2026 1. By way of the present application, the applicant is seeking grant of regular bail in case arising out of FIR bearing no. 80014822/2026, registered at Police Station Lahori Gate, Delhi, for the commission of offences punishable under Sections 303/317(2)/3(5)/305 of the Bharatiya Nyaya Sanhita, 2023 (hereafter ‘BNS’). 2. Briefly stated the facts of the present case are that on 13.02.2026 at approximately 23:30 hours, the complainant reported theft of four bags of cardamom @l aichi, each weighing approximately 50 kg, from the Khari This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:09:36 Baolil lahori Gate area, Delhi. An e- FIR was registered on 17.02.2026. Thereafter, the investigation revealed that a well-planned theft was executed by a gang led by one Deepak. The accused Pradeep Kumar, along with co- accused Anand Kumar, Sithun, and others, had allegedly followed a loaded truck from Khari Baoli near RTO Sarai Kale Khan, their associate Sachin had allegedly climbed onto the moving truck and had thrown down four bags of cardamom. The accused persons reportedly used motorcycles to transport the stolen bags to a hideout at Lal Bagh, Azadpur. The specific role attributed to the present accused is that he had accompanied the gang during the theft, was responsible for transporting one of the stolen bags to the Lat Bagh hideout and was apprehended alongwith co-accuscd Anand while in possession of the stolen goods. During investigation, CCTV footage near the spot was analysed and local enquiry was conducted, leading to the identification of the accused persons. On 20.02.2026, acting on secret information, a raid was conducted at Pul Mithai underpass, near DRP Line Jhuggi, where the present applicant’s Pradeep Kumar and co-accused Anand Kumar were apprehended while riding a Black splendor motorcycle bearing No. DL 3SDP 1629. One bag of stolen cardamom was recovered from their possession along with the said motorcycle, which was allegedly used in the commission of the offence. It is further stated that during interrogation, the accused persons disclosed the names of co-accused persons, and at their instance, co-accused Sithun was arrested from Lal bagh, Azadpur. Three main associates – Deepak (alleged kingpin), Sachin, and Sandeep @ Benga – are absconding. 3. The learned counsel appearing for the applicant argues that the applicant has been falsely implicated in the present case. It is stated that he This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:09:36 is an 30-year-old boy with no previous criminal antecedents, who has already remained in judicial custody since 20.02.2026. It is also contended that the investigation stands concluded, and the chargesheet has been filed. Thus, it is prayed that the applicant be released on regular bail. 4. On the other hand, the learned APP for the State strongly opposed the present bail application, and argues that the allegations against the applicant are serious and grave in nature. It is contended that the applicant played an active role and is specifically alleged to have committed the theft of bags containing cardamom and the vehicle used in the theft was also directly recovered from the possession of the accused person. It is thus prayed that the present bail application be dismissed. 5. This Court has heard arguments addressed on behalf of the applicant as well as the State, and has perused the case file. 6. The allegations against the present accused/applicant are that he had assisted the co-accused persons in transporting the alleged stolen material to a pre-decided location. Nothing remains to be recovered from the present accused/ applicant, and he has also remained in judicial custody for about four months. 7. Considering the overall facts and circumstances of the present case, including the period of custody already undergone by the applicant, the absence of any criminal antecedents, and the fact that the trial is likely to take considerable time to conclude, this Court is inclined to grant regular bail to the applicant on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:09:36 i) The applicant shall not leave the country without prior permission of the concerned Court and if he has passport, he shall surrender the same to the concerned trial court. ii) The applicant shall share his contact details (mobile numbers and residential address) with the IO/SHO and the Trial Court; and in case of any change in the said details, the applicant shall promptly inform the same to the concerned Court and the concerned IO/SHO. iii) The applicant shall appear before the Trial Court on every date of hearing unless exempted; iv) The applicant shall not indulge in any criminal activity; v) The applicant shall not communicate with, or come into contact with the complainant or any of the prosecution witnesses, or tamper with the evidence of the case. 8. The bail applications are accordingly disposed of. 9. Nothing expressed hereinabove shall tantamount to an expression of opinion on the merits of the case. 10. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 21, 2026/vc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:09:36