$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1687/2025 HARPREET SINGH @ HAPPY .....Petitioner Through: Mr. Ashish Kumar Sharma, Advocate. versus STATE OF NCT OF DELHI THROUGH SHO PS DARYAGANJ .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 31.07.2025 1. The applicant seeks grant of regular bail, in case arising out of FIR bearing no. 80019599/2024, registered at Police Station Daryaganj, Delhi for the offences punishable under Sections 392/397/411/34 of Indian Penal Code, 1860 (hereafter ‘IPC’). 2. Briefly stated, the facts of the present case are that on the basis of a complaint an e-FIR in this case was registered at Police Station Daryaganj. The complainant had alleged that a robbery was committeed near Delhi Gate Metro Station and he was robbed at about 2:15-2:30 AM in the intervening night of 23-24.02.2024 by three unkonw persons who had come in an auto rickshaw while he was walking towards his residence. He further alleged that the driver of the auto rickshaw had stopped the auto rickshaw in front of the complainant and had told other two co-accused persons, sitting at the 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 01/08/2025 at 12:35:59 back seat while looking at the complainant “jaldi se iska kaam nipta do”. Both the co-accused persons i.e. Abhishek @ Kana@ Babu and Arun @ Bona had moved quickly towards the complainant. Co-accused Abhishek @ Kana@ Babu had pulled out the mobile phone make Oppo F9 Pro of the complainant from his back pocket of pant, thereafter, all the three accused persons have fled away from the spot in the same auto rickshaw. On the statement of the complainant, the e-FIR was registered at P.S. Daryaganj Delhi, for the commission of offences punishable under Sections 394/34 of IPC. It is the case of the prosecution that during investigation, another incident of robbery was reported by another complainant, Ajay, of being robbed of his mobile phone and on the basis of said complaint, another FIR bearing no. 72/2024 was registered at P.S. R.K. Puram, Delhi. During investigation of case FIR bearing no.72/2024, registered at P.S. R.K. Puram, Delhi, the case property pertaining to the present case, i.e. the mobile phone belonging to the complainant was recovered from the present accused/applicant. Accused had disclosed their involvement in the present case also wherein the present e-FIR had been registered. The accused persons were, thereafter, arrested in the present case after obtaining permission of the concernced Trial Court. On 21.05.2024, the Test Identification Parades (hereafter ‘TIP’) of the accused persons were conducted where the accused persons were identified by the complainant. 3. The learned counsel appearing on behalf of the applicant argues that the applicant has been falsely implicated in the present case. It is also argued that there is no incriminating material on record to connect the present accused/applicant with the alleged offence. It is, therefore, prayed that the applicant be released on regular bail. 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 01/08/2025 at 12:35:59 4. The learned APP for the State, on the other hand, argues that the TIP conducted in this case supports the case of the prosecution. It is also argued that the mobile phone belonging to the complainant has been recovered from the co-accused person. It is also argued that the witinesses are yet to be examined and, therefore, the application for grant of regular bail be rejected. 5. This Court has heard arguments addressed on behalf of both the sides and has perused the material available on record. 6. After hearing arguments and going through the case file, this Court is of the opinion that in the present case, the mobile phone belonging to the complainant has been recovered from the co-accued. In the TIP conducted by the learned Magistrate, the present accused/applicant has been correctly identified by the complainant. There is also previous involvement of the accused in another case FIR no. 72/2024, P.S. R.K. Puram, Delhi, wherein similar offence had been committed. Therefore, considering that charges in this case have been framed that the matter is now listed for recording prosecution evidence on 13.08.2025, and that the material witnesses are yet to be examined, no ground for grant of bail is made out at this stage. 7. Accordingly, the present application stands dismissed. 8. It is, however, clarified that nothing expressed herein above shall tantamount to an expression of opinion on merits of the case. 9. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 31, 2025/zp 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 01/08/2025 at 12:35:59