Surjit Manna vs State (Nct Of Delhi)

SANJEEV SACHDEVA, J. (ORAL)

The petitioner seeks regular bail in case FIR No. 314/2017 under Sections 381/328/411/34 IPC, Police Station Karol Bagh (now before the Special

Investigation Cell).

The allegations in the FIR are that the petitioner, who was an employee of the complainant, had after the complainant left from his factory, which

was that of making gold ornaments, celebrated the birthday of his son and gave some intoxicant to the other workers, after consuming which they

became unconscious. In the morning when the complainant returned to his factory, he found that the vault etc. were opened and all the workers were

sound asleep as if they were unconscious. On inquiry, it was found that approximately 3.5 kg of gold jewellery, etc. was stolen.

As per the prosecution, the recovery of approximately 1.65 kg of gold jewellery, 12 kg gold scrap dust mixed and wax and earth, 6 mobile phones

and 5.20 lakhs in cash have been recovered from the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated and has clean antecedents. He further submits that the

forensic report does not substantiate the allegations insofar as the offences under Section 328 IPC are concerned. He submits that the report of the

forensic laboratory of the co-workers has stated that no poison or intoxicant was found. He further submits that the alleged recovery from the

petitioner is suspect.

Learned counsel for the petitioner submits that since the investigation is complete, there is no possibility of the petitioner influencing the same.

The investigation is complete. Charge sheet has already been filed. Petitioner has been in custody since 11.11.2017.

Without commenting upon the merits of the case, on perusal of the record, I am satisfied that the petitioner has made out a case for grant of regular

bail. Accordingly, on petitioner furnishing a bail bond in the sum of Rs.50,000/- along with two sureties of the like amount to the satisfaction of the

Trial Court, the petitioner shall be released on bail, if not required in any other case. The petitioner shall not do anything, which may prejudice either

the trial or the prosecution witnesses. The petitioner shall not leave the country without the permission of the Trial Court. The petitioner shall also

report to the SHO of the concerned Police Station on first Saturday of every month.

The petition is disposed of in the above terms.

Order Dasti under signatures of the Court Master.