Full Judgment Text
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: September 13, 2022
+ BAIL APPLN. 2728/2022
SACHIN @ SACHINDER KUMAR SINGH ..... Petitioner
Through: Mr. Satish Kumar, Advocate.
versus
STATE (GOVT. OF NCT OF DELHI) ..... Respondent
Through: Mr. Raghuvinder Varma, APP for
State with SI Ganga Pal, P.S. Bara
Hindu Rao.
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
J U D G M E N T (oral)
1. The present application is filed under section 438 Cr.P.C. for seeking
anticipatory bail in FIR bearing No. 0137/2022 dated 21.05.2022 registered
under section 408 IPC at P.S. Bara Hindu Rao.
2. Issue notice.
3. Mr. Raghuvinder Varma, Additional Standing Counsel accepts notice
on behalf of the respondent/State.
4. The perusal of FIR bearing No. 0137/2022 reflects that it was got
registered on the basis of complaint made by Pankaj Monga wherein it is
stated that he is doing business of cosmetics at Shop bearing No. 2265-2266,
Med Ganj, Sadar Bazar, Delhi and that the petitioner/applicant/accused was
employed as servant for the last four years and was doing duty of cash
collection and purchasing from the market. The complainant on 10.05.2022,
sent the petitioner/applicant/accused at M/s Ratan Electronics situated at
BAIL APPLN. 2728/2022 Page 1 of 3
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:16.09.2022
18:28:37
1496, Ground Floor, Bhagirath Place, Delhi to collect Rs.14,00,000/- in cash
but the petitioner/applicant/accused did not turn up. The complainant
contacted the M/s Ratan Electronics and came to know that the
petitioner/applicant/accused has left the shop much earlier. Thereafter, the
complainant made search about the petitioner/applicant/accused who could
not be traced and then the complainant lodged the complaint at P.S. Bara
Hindu Rao on 21.05.2022 and accordingly, the present FIR was got
registered.
5. The counsel for the petitioner/applicant/accused argued that the
present FIR was lodged on the basis of false allegation and there is
considerable delay of about 11 days in lodging the FIR which is not
explained by the Investigating Agency. He further argued that from the
perusal of FIR, it is appearing to be false, fabricated and concocted and has
been lodged to shield the illegal transaction barred in law.
6. The Additional Public Prosecutor for the respondent/State assisted by
SI Ganga Pal, P.S. Bara Hindu Rao that the accused has not joined the
investigation and Riyansh Jain, owner of Ratan Electronics also handed over
the CCTV recording of the shop. The petitioner/applicant/accused could not
be traced despite the search was made at his residential place. The
petitioner/applicant/accused also filed a bail application under section 438
Cr.P.C. bearing Bail Appl. No. 1642 titled as State V Sachin@Sachinder
Kumar Singh , which was dismissed by the Court of Shri Sanjay Sharma-II,
Link Judge, ASJ-03, Tis Hazari Courts, Delhi vide order dated 24.08.2022.
7. Considering the allegations as mentioned in FIR and that the accused
has not joined the investigation, at this stage, no ground for bail is made out.
BAIL APPLN. 2728/2022 Page 2 of 3
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:16.09.2022
18:28:37
8. Hence, the present bail application alongwith pending applications, if
any, stands dismissed.
SUDHIR KUMAR JAIN, J
SEPTEMBER 13, 2022
N/M
BAIL APPLN. 2728/2022 Page 3 of 3
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:16.09.2022
18:28:37