Saurabh Khulbe v. Satte

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 822/2018 SAURABH KHULBE ..... Petitioner Through:

Mr. Manav Gupta and Mr. Sahil Garg, Advocates.

Versus

SATTE ..... Respondent Through:

Mr. Tarang Shrivastava, Additional Public Prosecutor for the State with SI Vinod Kumar, P.S. Subhash Place.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 20.07.2018 The petitioner seeks anticipatory bail as he is apprehending his arrest in connection with FIR No. 91/2018 under Sections 420/120B/34 IPC registered at Police Station Subhash Palace, Delhi. It is the petitioner's case that he was running a Call Centre with his friend from college times and they were being paid for their services by the clients; two such clients were M/s Jimmiwalls Enterprises and M/s D-Veer Enterprises, are mentioned in the FIR; the aforesaid two entities may have defrauded a number of persons but the petitioner is not a party to it. In terms of the previous order photographs have been brought on record by the petitioner to show that he was running an independent Call Centre at Delhi. The learned counsel for the petitioner submits that the said Centre has been running since September, 2006 and the relevant documents in this regard have been seized by the Investigating Officer and it will be open for

the latter to ascertain the genuineness and nature of petitioner's business activity from the call details of his call centre. It is the petitioner's case that the investigations apropos the offence mentioned in the FIR would relate to documentary evidence and other electronic evidence. The petitioner claims to have clean antecedents and is ready and willing to join the investigations. Mr. Shrivastava, the learned counsel for the State submits that the chargesheet has been filed.

In view of the above, a case is made out by the petitioner for grant of interim protection.

Consequently, it is directed that in the event of arrest of the petitioner in FIR No. 91/2018 under Sections 420/120B/34 IPC registered at Police Station Subhash Palace, Delhi, he be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with a surety in the like amount to the satisfaction of the Arresting/Investigating Officer till he is required to appear before the Trial Court, subject to the following conditions: (i) the petitioner shall continue to participate in the investigations as and when he is so intimated by the Investigating Officer; (ii) his shall furnish his mobile phone number to the Investigating Officer, which shall be kept operational at all times, so that the police could contact him;

(iii) he shall not make any effort to evade the process of law; and (iv) in case of change of the phone numbers or address, the petitioner shall inform the police forthwith.

Any observations made in this order shall have no bearing on the merits of the case.

The petition is disposed-off in the above terms.

A copy of this order be given dasti to the learned counsel appearing on behalf of the parties.

NAJMI WAZIRI, J.

JULY 20, 2018 sb