( 1 ) THIS application under Section 439 Cr. P. C. has been made by the accused for grant of bail. The applicant is involved in offence under Section 365/342/394/395/397/506 read with Section 34 IPC. ( 2 ) M/s Nestle India Limited lodged an FIR alleging that on 28. 11. 2006 a Cantor/container containing goods worth Rs. 11 lac were sent through Vehicle No. HR 39 6289. The Container did not reach its destination. It was being driven by driver Shripal, who reported that some persons had robbed him of the vehicle and the goods. After robbing him, robbers threw him and the cleaner in a jungle near Kalindi Kunj. The complainant suspected the involvement of the driver and the cleaner in the commission of offence. An FIR was initially registered under Section 407 IPC against driver. ( 3 ) THE police investigation, however, showed that the truck was actually robbed from driver and cleaner and police added Section 365/342/394/395/397/506 and 34 IPC. The applicant was arrested on a secret information about his involvement in this dacoity. On the disclosure of the accused and his accomplices, police was able to reach to other accused Surjit, who disclosed that the looted vehicle was given to Arun @ Babloo and Rajjak for selling the goods and the vehicle itself. Accused Arun and Razzak were apprehended with stolen Container within the jurisdiction of PS Ghazibad. A separate FIR No. Nil/2007 under Section 411 IPC and 41/102 Cr. P. C. was registered at Ghaziabad which was transferred to Delhi. ( 4 ) THE present accused was asked to undergo Test Identification parade (TIP ). He refused to undergo TIP. The other accused who had taken part in the TIP was identified by the witness Satish Kumar, cleaner of the truck as one of the dacoits. ( 5 ) IT is argued by the counsel that no recovery was effected from the accused and his refusal to undergo TIP cannot be made basis of his involvement in the crime. He submits that there is no ground to keep the accused detained. ( 6 ) IT is to be noted that important evidence in this case is of driver and cleaner of the truck from whom the Container full of goods worth Rs. 11 Lac was looted on the highway. They were tied and thrown into the jungle.
He submits that there is no ground to keep the accused detained. ( 6 ) IT is to be noted that important evidence in this case is of driver and cleaner of the truck from whom the Container full of goods worth Rs. 11 Lac was looted on the highway. They were tied and thrown into the jungle. The Container was recovered in the area of Ghaziabad and those accused to whom this was handed over for sale, were arrested along with Container and goods. It is obvious that no recovery could have been made from the accused since in the present case, dacoity was not of certain jewellery items or of cash which could have been distributed by the dacoits amongst themselves. The dacoity was of a container loaded of goods and the share money of the accused would have come to him only after sale of the goods of the Cantor/container. The important investigation in this case was Test Identification Parade to be undergone by the accused. Since he refused to undergo Test Identification Parade, there is strong suspicion against him that he was involved in the dacoity. The charge-sheet in this case has been filed. The evidence of the driver and cleaner is yet to be recorded. If the accused is released on bail, there is every possibility that he may threaten the witnesses and may also abscond from the process of law. I find no reason to grant him bail at this stage. The application is hereby dismissed.