Rajesh Kumar Laura Through Pairokar Sushma Rani v. State Of NCT Of Delhi

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 985/2024 & CRL. MA 30157/2024 RAJESH KUMAR LAURA THROUGH PAIROKAR SUSHMA RANI .....Petitioner Through:

Mr. Anuj Chauhan, Advocate.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Laksh Khanna, APP for State with Inspector Dharmendra Pratap Singh PS EOW, New Delhi.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 07.11.2024

O R D E R

1.

By way of present bail application, the applicant seeks regular bail in FIR No. 0273/2019 registered under Sections 406/409/420/120B IPC at Police Station EOW, New Delhi.

2.

Learned counsel for the applicant submits that though initially the subject FIR was registered on 13.12.2019 under Sections 406/420/120B IPC, however the charge-sheet came to be filed on 05.01.2022 adding Section 409 IPC. He submits that subsequently a supplementary challan was filed on 21.03.2023 and vide order dated 04.08.2023 charges were framed and the applicant was discharged for the offence under Section 409 IPC. He submits that the applicant is in custody since 10.10.2021 and till date the recording of evidence is yet to commence and in the charge-sheet a total of 132 witnesses have been cited.

3.

Learned APP for the State on the other hand has opposed the bail application by contending that the present case involves cheating with 156 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

persons to the tune Rs.13.02 crores. It is stated that the present applicant posed as CMD of one M/s Star Global Star Pvt. Ltd. and induced the complainants to part with their hard-earned money with the allurement of higher returns/rate of interest. It is stated that the cheated amount has travelled from M/s Star Global Star Pvt. Ltd. to M/s SGS Farming and Fisheries Pvt. Ltd. and few other companies. It is also submitted that there are statements of victims recorded under Section 161 Cr.PC who have stated about the involvement of the present applicant and that the applicant is also involved in five other cases of similar nature. He however, on instructions, also states that during investigation no document has been seized showing the applicant to either be the CMD or on the Board of Directors of either of the companies.

At this stage, learned counsel for the applicant submits that the applicant is in custody only in the case registered at Sonepat, Haryana and in the rest of the cases he is either on bail or discharged or not arrested. 4.

I have heard learned counsel for the parties and perused the record placed before me.

5.

The trial against the present applicant is pending under Section 420/406/120B IPC and the applicant is in custody since 10.10.2021. Till date only charges have been framed and the trial is yet to proceed having about 132 witnesses. The maximum punishment provided for the offence under Section 420/406 IPC is upto seven years and considering the period of custody undergone as well as the merits of the case, it is directed that the applicant be released on regular bail subject to her furnishing a personal bond in the sum of Rs.1 lac with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

J.M./link J.M. and subject to the following further conditions :- i) The applicant shall not leave the NCR without prior permission of the concerned Court.

ii) The applicant shall provide his mobile number to the Investigating Officer on which he will remain available during the pendency of the trial. iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.

iv) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence. v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.

6.

The bail application is disposed of in the above terms. 7.

Copy of the order be communicated to the concerned Jail Superintendent electronically for information. 8.

Copy of the order be uploaded on the website forthwith. 9.

Needless to state that this Court has not expressed any opinion on the merits of the case and have made the observations only with regard to present bail applicant and nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.

MANOJ KUMAR OHRI, J NOVEMBER 7, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.