Delhi HC dismisses bail plea of man arrested for stealing automobiles
May 11, 2023
New Delhi [India], May 11 : The Delhi High Court has dismissed the bail plea moved by a man, arrested for his alleged involvement in more than a dozen cases of stealing automobiles in Delhi, Uttar Pradesh and Uttarakhand.
The accused Faisal has eight cases in Delhi, three in UP and four in Uttarakhand registered against him.
He also allegedly assaulted police personnel with a rod in Delhi. A list of cases was placed on record by the Delhi police while opposing the bail.
A chargesheet had been filed on April 2022 by the Vivek Vihar Police against the accused. He has been in custody for the last two years.
Justice Dinesh Kumar Sharma dismissed the bail plea on May 8.
"In the present case, the petitioner is involved in multiple cases of similar nature which only shows that the petitioner is a habitual offender. Even the conduct of the petitioner as per the nominal role is unsatisfactory. I consider that it is not a fit case for grant of regular bail," Justice Sharma said.
"Though the general rule is bail and not jail, the criteria for grant of the regular bail is very well settled. Besides the merits of the case, the person seeking the bail has to pass the test of being available during the trial and also to not threaten the other witnesses when released on bail," the court added.
It said that the grant of bail requires the consideration of various factors which ultimately depend upon the specific facts and circumstances of the case before the court.
The court said that the grant of bail requires the consideration of various factors which ultimately depend upon the specific facts and circumstances of the case before the court
"There is no straight jacket formula which can ever be prescribed as to what the relevant factors could be," Justice Sharma said.
However, certain important factors that are always considered, inter alia, relate to the prima facie involvement of the accused, the nature and gravity of the charge, the severity of the punishment, and the character, position and standing of the accused, the court said.
"Thus, taking into account the totality of facts and circumstances of the present case the petitioner is not entitled to bail", the bench ordered.
The counsel for the accused submitted that the petitioner was beaten by the jail officials and he had also moved an application before the learned trial court regarding the same.
He also submitted that the petitioner is in custody for more than two years. It was submitted that the petitioner has already been acquitted in one of the cases.
The Additional Public Prosecutor (APP) Amit Sahni vehemently opposed the bail application.
He submitted that there are other cases also in which the petitioner is involved. He also placed on record the nominal roll sent by the Superintendent Jail "which showed that the conduct of the accused has remained unsatisfactory".
Apart from equipment used for committing thefts, two stolen luxury cars were recovered from the accused and his associate.
The status report filed by the state said that the accused is involved in 15 cases in Delhi, UP and Uttarakhand.
Two Aadhaar cards having different names and numbers were also recovered from the possession of the accused.
