Mohsin Khan v. State

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPL.2336/2018 MOHSIN KHAN ..... Petitioner Through Mr. Mobin Akhtar and Mr. Noor Alam, Advocates versus STATE ...... Respondents Through Mr. Rajat Katyal, APP for the State SI Shailendra Kumar Singh, P.S.

Gokulpuri, Delhi

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 26.10.2018 The petitioner seeks anticipatory bail. He is accused of being involved in an exercise of duping a large number of persons of their hard earned monies, which was sought to be deposited into a Society known as 'Madina Muslim Fund Society'. According to the prosecution, an amount of Rs.15 to 20 lacs is stated to have been deposited in the said Society involving about 59 investors.

It is the petitioner's case that he is neither named in the FIR nor is he a Treasurer of the funds and that he has nothing to do with the funds; other co-accused Mohd. Ikram has already been granted regular bail and coaccused Irfan, Zahid Hussain, Hazi Kasim, Mohd. Younus and Mohd. Afzal have also been released on anticipatory bail. The petitioner has already joined the investigations and has appeared before the Investigating Officer and that he is ready and willing to join the investigations as and when called by the police.

Considering the above noted facts and that the petitioner has offered to deposit an amount of Rs. 1 lac with the Registrar General of this Court, without prejudice to his rights and contentions, it is directed that in the event of arrest of the petitioner in FIR No. 751/15 registered at Police Station Gokul Puri, for the offences punishable under sections 406/420/34 IPC, 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, 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 mobile phone number shall be kept operational at all times, so that the police could contact him;

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

The aforesaid amount of Rs. 1 lac shall be deposited within three weeks before the Registrar General of this court and shall be kept in an interest bearing recurring fixed deposit. The proof of deposit shall be intimated to the Investigating Officer concerned. 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 under the signature of the Court Master. NAJMI WAZIRI, J OCTOBER 26, 2018/b