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High Court of DelhiBAIL APPLN./2705/2024

Rohit Raheja v. The State (N.C.T. Of Delhi) & ANR.

2024-08-09Hon'Ble Mr. Justice Anish Dayal3 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2705/2024 ROHIT RAHEJA .....Petitioner Through: Ms.Anjulata, Advocate (Through VC) versus THE STATE (N.C.T. OF DELHI) & ANR.

.....Respondents Through: Mr.Amit Ahlawat, APP for State with SI , PS C.R.Park

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.08.2024 1.

This petition has been filed seeking bail in FIR No. 138/2023 under Sections 380/467/468/471 of the IPC registered at Police Station Chitranjan Park.

2.

The case of the prosecution is that the accused and his wife Sangeeta committed theft of three chequebooks of different banks belonging to respondent No.2/complainant from her house. Allegedly, they forged the signatures of the complainant and withdrew an amount of Rs.13,24,243/- and credited it to their own bank accounts on different dates till 6.9.2023. 3.

As per the complainant, when she discovered the same, both, i.e., the petitioner and his wife left the job and the FIR was then registered. 4.

Petitioner has been in custody since 28th January, 2024. 5.

Co-accused, i.e., wife of the petitioner was released on bail vide order dated 9th May, 2024 passed by the Court of Additional Sessions Judge. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

It is now informed that the charge sheet has been filed. 7.

Further, it had been submitted on the previous occasion that there was a medical problem with the nine-month-old son of the petitioner, who was seriously ill. Medical documents have been filed. 8.

The investigation into the matter is complete, the chargesheet has already been filed and matter is now listed for orders on charge. 9.

In light of the above, and that the trial in the matter is likely to take some time, and it would not be prudent to keep petitioner behind bars for an indefinite period, this Court finds it to be a fit case for grant of bail to the petitioner. Consequently, the petitioner is directed to be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions:

i. Petitioner will not leave the country without prior permission of the Court.

ii. Petitioner shall provide permanent address to the Trial Court. The petitioner shall inform the Court by way of an affidavit and to the IO regarding any change in residential address.

iii. Petitioner shall appear before the Court as and when the matter is taken up for hearing.

iv. Petitioner shall join investigation as and when called by the IO concerned.

v. Petitioner shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

vi. Petitioner will mark presence physically before the concerned I.O. 1st and 3rd Friday of every month at 4 p.m., and will be not kept waiting for more than an hour.

vii. Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case. 10.

Needless to state, but any observation touching the merits of the case is purely for the purposes of deciding the question of grant of bail and shall not be construed as an expression on merits of the matter. 11.

Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

12.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

13.

Copy of order be given dasti.

14.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 9, 2024 SV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.