Rahul Malhotra v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2209/2018 RAHUL MALHOTRA ..... Petitioner Through:

Mr Akshat Gupta, Mr Avdesh Chaudhary, Mr Lovedeep Raghav and Ms Sakshi, Advocates.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Ms Kusum Dhalla, APP for State.

SI Pankaj Tomar, PS Rani Bagh.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.09.2019 1.

The petitioner has filed the present petition, inter alia, praying that he be granted anticipatory bail in FIR No. 203/2018, registered under Sections 420/468/471 of the IPC, with PS Rani Bagh.

2.

The said FIR was registered at the instance of one Sh. Ashwani Oberoi (the complainant). He alleged that he had been induced by Mrs Renu Malhotra and Mr Joginder Malhotra (the mother and father of the petitioner) on the pretext that he would be awarded certain tenders floated by the Ministry of Human Resource Development. Based on such assertion, he had also parted with certain funds.

3.

It is seen that all the funds had been deposited in the bank accounts of Mrs Renu Malhotra and Mr Joginder Malhotra. It is also stated that Mrs Renu Malhotra had represented herself as the Private Secretary to a Member of Parliament to induce the complainant in parting with the said funds. The complainant has also alleged that certain meetings were held with Mrs. Renu

Malhotra and Mr Joginder Malhotra, where fraudulent representations were by them.

4.

It is seen from the FIR that no allegation of any direct inducement has been made against the petitioner. However, it is stated that the petitioner had also collected cash on some occasions.

5.

Ms Dhalla, learned APP appearing for the State submits that the petitioner's mother Mrs Renu Malhotra is already in custody and the petitioner has also joined the investigation. 6.

Given the limited nature of allegations made against the petitioner in the FIR, this Court considers it apposite to allow the present petition. The petitioner is granted anticipatory bail on furnishing a personal bond in the sum of ₹20,000/- with one surety to the like amount to the satisfaction of the Investigation Officer. The petitioner shall continue to cooperate with the investigating agency and shall not contact the complainant and any of the probable witnesses.

7.

In the event if any substantive role of the petitioner is found and his interrogation is required, the prosecution is at liberty to apply. 8.

The petition is disposed of.

9.

Order dasti under signature of Court Master.

VIBHU BAKHRU, J SEPTEMBER 11, 2019 RK