Abhishek Raj v. State Of NCT Of Delhi
18#, 19#&20# $~ *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1872/2016 NAVNEET SINHA Represented by:
Petitioner Mr. Ajay Burman, Sr.
Advocate with Ms. Tanya Hamal, Mr. Abhay Verma, Mr.
Ahil Arora, Ms. Sadhvi Gaur and Mr. Amritesh Raj, Advocates versus Respondent Ms. Rajni Gupta, APP for the State with SI Sanjeev, PS Okhla Industrial Area.
Mr. Aditya Bakshi and Mr.
Lalit Choudhary, Advocates for the complainant.
STATE NCT OF DELHI Represented by:
+ BAIL APPLN. 1934/2016 POOJA SINHA Represented by:
Petitioner Mr C.B. Singh and Mr. Rajesh Ranjan, Advocates.
versus STATE OF NCT OF DELHI Represented by:
Respondent Mr. Amit Ahlawat, APP for the State PS Okhla Industrial Area.
Mr. Aditya Bakshi and Mr.
Lalit Choudhary, Advocates for the complainant.
<6 2198/2016 By:AMULYA
r BAIL APPLN. 2198/2016 Petitioner Mr C.B. Singh and Mr. Rajesh Ranjan, Advocates.
ABHISHEKRAJ Represented by.:
versus STATE OF NOT OF DELHI Respondent Represented by:
Mr. Ravi Nayak, APP for the State PS Okhla Industrial Area.
Mr. Aditya Bakshi and Mr.
Lalit Choudhary, Advocates for the complainant.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 13.02.2017 1.
By these bail applications,Abhishek Raj seeks regular bail whereas Pooja Sinha and Navneet Sinha seek anticipatory bail in case FIR No. 73/2016 under Sections 406/420/467/466/471/34 IPG registered at PS Okhla Industrial Area.
2.
The above noted FIR was registered on the complaint of Poorvi Prasad Joshi wherein later on victims Sushil Patil and Harish Arora were also examined.
3.
The allega:tions of Poorvi Prasad Joshi in the FIR are that Abhishek Raj dishonestly induced him to deliver ^4.50 lakhs as security deposit on the pretext of giving work orders of data entry and induced the complainant to do the work of data entry worth ^1.23 crores which Abhishek Raj claimed to have been received from his various foreign clients. After taking the
security money from Poorvi Prasad Joshi and making him do the work, Abhishek Raj closed his unit, that is, Step-1 E Business Pvt. Ltd. which was located at Okhla Phase-I.
Abhishek Raj thereafter created a new unit in the name of M/s G-Next Global Services.
During the course of investigation it was revealed that Sushil Patil, Director of M/s Amets Software Pvt. Ltd. was similarly induced to deliver ?69.67 lakhs as security and induced to do work of data entry worth ?4 crores. Statement of one more victim Harish Arora was also recorded who gave security deposit of ?1.08 crores and do work of data entry of ?40 lakhs.
4.
During the course of investigation it was revealed that though the petitioner Abhishek Raj made the three victims to do the work of data entry however, that work had not been received from any foreign client and was not transmitted any further to have caused any gain to Abhishek Raj. Thus as per investigations, the allegations are of misappropriation of the security amount given by the three victims and making them do work without paying remuneration and utilising the same. During the course of investigation the only amount invested by Abhishek Raj is payment of ^18 lakhs as the first instalment towards purchase of a flat at Noida. Even for the said flat complete payment has not been made.
5.
Abhishek Raj is in custody for more than ten months. No recovery is required to be made from him anymore.
The trial is likely to take some time. Thus this Court deems it fit to grant bail to the petitioner Abhishek Raj.
It is, therefore, directed that Abhishek Raj be released on bail on his furnishing a personal bond in the sum of ^1 lakh with two sureties of the like amount, subject to the satisfaction of the learned Trial Court, further subject BAILAPPLN. Nos. 1872/2016,1934/2016
to the condition that he will not leave. the country without the prior permission of the Court concerned and will intimate any change of residential address by way of affidavit before the learned Trial Court. 6.
The petitioner Pooja Sinha is the wife of Abhishek Raj and the allegations against her are that she was one of the Directors and authorised signatory to sign the cheques of M/s Step-1 E-Business Pvt. Ltd. and in GNext Global Services she was a partner. As per the investigation out of ?69 lakhs deposited with G-Next Global Services ?12 lakhs were transferred to the account of Pooja Sinha which was withdrawn. It is not disputed that Pooja Sinha has to look after two minor children and has alreadyjoined the investigation.
7.
Considering the facts and circumstances of the ease, this Court deems it fit to grant anticipatorybail to Pooja Sinha. Consequently,in the event of arrest Pooja Sinha be released on bail on her furnishing a personal bond in the sum of ^50,000/- with one surety of the like amount subject to the satisfaction of the arresting officer/SHO concerned, further subject to the condition that she will join the investigation as and when directed and will not leave the country without prior permission of the court concerned and will intimate any change of address to the Investigating Officer as well as the concerned Court by way of affidavit.
8.
As far as the role of the petitioner Navneet Sinha is concerned, he was an employee of M/s Step-1 E-Business Pvt. Ltd. and had no role to play in M/s G-Next Global Services as he retired from the partnership before the money was transferred into the account of the firm. According to the prosecution substantial amount of money from the account of G-Next BAIL APPLN.Nos. 1872/2016,1934/2016 & 2198/2016
d Global Services was transferred to the account of Govind, who has already been declared a proclaimed offender.
9.
Considering the role of Navneet Sinha that he was only an employee in M/s Step-1 E-Business Pvt. Ltd. and was not a partner at the relevant time, this Court deems it fit to grant anticipatory bail to Navneet Sinha as well.
10.
It is, therefore, directed that in the event of arrest Navneet Sinha be released on bail on his furnishing a personal bond in the sum of ^50,000/- with one surety of the like amount subject to the satisfaction of the arresting officer/SHO concerned, further subject to the condition that he will join the investigationas and when directedand will not leave the country without prior permissionof the court concernedand will intimate any change of address to the InvestigatingOfficer as well as the concerned Court by way of affidavit.
11.
Bail applications are disposed of.
12.
Order dasti.
MUKTA GUPTA, J.
FEBRUARY 13, 2017 'vn'