Chanchal Goyal v. State (Gnctd)
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2156/2024 CHANCHAL GOYAL .....Petitioner Through: Mr.Rajiv Mohan, Mr.Shivender, Mr.Vikram and Mr.Pushpender, Advocates versus STATE (GNCTD) .....Respondent Through: Mr.Aashneet Singh, APP for State with Insp. Pankaj Tomar Mr.Anant Gautam, Mr.Kartik, Mr.Samir, Ms.Aakanksha and Ms.Komal, Advocates for complainant
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 16.07.2024 1.
By way of present application, the petitioner/applicant seeks regular bail in FIR No.155/2022 registered under Sections 420/468/471/120-B IPC at P.S. Timar Pur, Delhi.
2.
Learned counsel for the applicant submits that the applicant is in custody since 14.05.2024 and the chargesheet has already been filed. He further submits that though as per the prosecution case, it is only the applicant's husband who is stated to be the beneficiary of the cheated amount but to show her bonafides and without prejudice to her rights and contentions, the applicant is ready and willing to voluntarily hand over 50% of the cheated amount to the complainant bank. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned APP for the State duly assisted by learned counsel for the complainant bank has opposed the bail application. It is stated that it is the present applicant who is the borrower and who had applied for a car loan. In the said application, not only the sale transaction documents of the car but also the identity documents of the applicant were forged with the connivance of the applicant's husband alongwith and one Pushpender Singh, who is absconding. It is further stated that the loan amount had initially travelled to the account of Pushpender Singh whereafter a sum of Rs.10,00,000/- have gone to the account of the applicant's husband. It is also informed that the applicant is involved in 4 other cases of similar nature. The details are as follows:- i.
RC-219/2013/E-0005 registered under Sections 420/467/468/471/120B IPC at P.S. CBI/EO-1, New Delhi; ii.
FIR No.229/2013 registered under Sections 420/467/468/471/120B/34 IPC at P.S. Uttam Nagar;
iii.
FIR No.264/2013 registered under Section 174A IPC at P.S. K.N. Katju Marg and iv.
FIR No.504/2021 registered under Sections 420/34/120B IPC. 4.
At this stage, learned counsel for the applicant submits that while FIR the aforesaid No.264/2013 stands quashed, the applicant is on anticipatory/regular bail in all other cases. 5.
During the course of arguments, a demand draft for an amount of Rs.9,12,500/- bearing No.507344 dated 15.07.2024 drawn on ICICI Bank, Prashant Vihar, Delhi has been handed over to the complainant. Learned counsel has further assured on behalf of the applicant that the said demand draft would be encashed on presentation.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
Keeping in view the aforesaid facts and circumstances and considering the period of custody and the fact that the chargesheet has already been filed, it is directed that the applicant be released on regular bail subject to her furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/ concerned Court/Duty M.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 her mobile number to the Investigating Officer on which she 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.
7.
The bail application is disposed of in the above terms. 8.
Copy of the order be communicated to the concerned Jail Superintendent electronically for information. 9.
Copy of the order be uploaded on the website forthwith. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
Needless to state that 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 JULY 16, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.