Satya Bhagwan v. State NCT Of Delhi
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3108/2024 SATYA BHAGWAN .....Petitioner Through:
Mr. Anshu Maan Rabra and Mr.
Raghav Bakshi, Advocates.
versus STATE NCT OF DELHI .....Respondent Through:
Mr. Laksh Khanna, APP for State with SI Naveen PS Special Staff.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 05.09.2024
O R D E R
1.
By way of present bail application filed under Section 483 BNSS, the applicant/petitioner seeks regular bail in FIR No. 772/2023 registered under Sections 420/419/406/467/471/120B/34 IPC at Police Station Bawana, Delhi.
2.
Learned counsel for the applicant submits that the applicant is in custody since 28.10.2023 and that, though the charge-sheet has been filed, charges are yet to be framed. It is stated that as per the case of the prosecution, the complainant had supplied edible oil to one M/s S.B. Enterprises, whose proprietor is one Krishan Kumar. The role assigned to the present applicant is of inducing the complainant to supply the oil to the said M/s S.B. Enterprises. He further submits that the applicant is merely an employee of the said enterprise and seeks parity with the co-accused, namely Avinash @ Amit Kumar @ Harish Sharma, who has been released on regular bail vide order dated 03.05.2024 passed in Bail Appln. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
No.1121/2024.
3.
The bail application is opposed by learned APP for the State, who submits that not only the applicant has caused the initial inducement along with one Pooja, who is absconding, but also, that he has been found in possession of fake Aadhaar Card/PAN card/Voter ID Card in the name of one Ravi. He further submits that the said proprietor of M/s S.B. Enterprises is also absconding. Learned APP has further submitted that out of the total cheated amount of approximately Rs. 95 lacs, Rs. 2.65 lacs have been recovered at the instance of the present applicant and that the applicant is also involved in 2 other cases of similar nature. 4.
During investigation, it has come on record that the edible oil supplied by the complainant has been further sold to one Anand Garg, who has disclosed that the entire money has been paid in cash except for Rs.6 lacs, which has gone into the account of M/s S.B. Enterprises. 5.
Insofar as the present applicant is concerned, the only role assigned to him was of the initial inducement and there are no allegations of any money coming into his account.
6.
Considering the totality of the facts and circumstances and the further fact that the applicant is in custody since 28.10.2023, it is directed that the applicant be released on regular bail subject to his 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 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
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. 10.
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 SEPTEMBER 5, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.