Arun Np v. Central Bureau Of Investigation

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3512/2024 CRL.M.(BAIL) 1616/2024 ARUN NP .....Petitioner Through:

Mr. Hari Hara SS, Advocate (through VC) versus CENTRAL BUREAU OF INVESTIGATION .....Respondent Through:

Mr. Atul Guleria, SPP for CBI with Mr. Aryan Rakesh and Mr. Pankaj Bansal, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 28.10.2024 1.

This petition has been filed seeking bail in FIR No.RC-048/2024/S0005 dated 6th March, 2024, under Sections 120B/370/420 IPC registered by the CBI.

2.

As per the Nominal Roll, the petitioner was arrested on 13th May, 2024 and has been in custody for about 5 months, has no previous involvements and jail conduct has been satisfactory. The case of the prosecution is based upon a complaint registered by the CBI against 19 accused and several unknown people who are alleged to have committed offences on human trafficking of Indian nationals to Russia for better and high paying jobs. 3.

The petitioner was initially not named in the FIR. He is a resident of Kerala and were summoned to appear before the CBI Office in Trivandrum in the month of March/April 2024. Thereafter, he appeared at the CBI Office The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and shared his details as well. As per the counsel for the petitioner, he co-operated in the investigation.

4.

He was finally detained on 07th May, 2024 and brought to Delhi and remanded to police custody. His previous bail petitions have been dismissed by the Trial Court.

5.

It is stated by counsel for petitioner that as per the charge-sheet, the person who had been allegedly sent by the petitioner was namely, Shine Nepolian, has returned back to India. The petitioner has returned Rs.70,000/- to him. The petitioner was working as a sub-agent under one, Priyan(A-9) who has given a cheque of Rs.5 lacs back to Shine Nepolian. 6.

The petitioner was arrayed as accused No.10, on the basis that he was one of the various accused, who joined together to make a false promise to secure high paid jobs in Russia and when they reached Russia, there were engaged in combat force in the Russia-Ukraine war zone. 7.

While some of the accused are at large, the other co-accused have been detained. The investigation is complete as regards the petitioner and the charge-sheet has been filed on 19th July, 2024. The matter is listed for framing of charges. Further proceedings would be delayed in the absence of the other accused, per the counsel for the petitioner who submits that trial will take a long time to complete.

8.

Counsel for the CBI objects to the bail on the basis that since the other co-accused are absconding, the petitioner may interfere with the investigation.

9.

However, in the opinion of this Court, the petitioner's custody cannot be extended endlessly till the other co-accused are absconding. 10.

It is a matter of fact that the petitioner had joined the investigation at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CBI Office and has not evaded any process.

11.

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 the petitioner behind bars for an indefinite period, this Court finds it to be a fit case for grant of bail to the petitioner.

12.

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 intimate 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. vi.

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

the evidence of the case.

13.

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. 14.

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

15.

'dasti'

16.

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

ANISH DAYAL, J OCTOBER 28, 2024/RK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.