$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 732/2024
SMT. RADHA ..... Applicant
Through: Mr. Prabhoo Dayal
Tiwari, Ms. Manisha
Tiwari & Mr. Surya
Kumar, Advs.
versus
STATE (GOVT. OF NCT OF
DELHI) ..... Respondent
Through: Mr. Pradeep Gahalot, APP
for the State
SI Parmender Kumar, PS-
Rani Bagh
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 29.02.2024
CRL.M.A. 6528/2024 (for exemption)
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
BAIL APPLN. 732/2024
3. The present application is filed under Section 438 of the
Code of Criminal Procedure, 1973 (‘CrPC’) seeking grant of
pre-arrest bail in FIR No.109/2023 dated 14.04.2023 for offences
punishable under Sections 420/34 of the Indian Penal Code, 1860
(‘IPC’), registered at Police Station Rani Bagh.
4. The FIR was registered on a complaint given by the
complainants Bal Kishan and Dinesh that the complainants
between the year 2009 to 2016 invested money amounting to
This is a digitally signed order.
BAIL APPLN. 732/2024 Page 1 of 3
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₹15,80,000/- and ₹21,00,000/- respectively with the accused
persons, including applicant. It is alleged that accused persons
were running a chit fund and were collecting monthly money
from the complainants. However, the same was never returned
despite repeated requests and reminders. It is further alleged that
after 2016, the accused persons disappeared in order to avoid
refunding the money to the complainants and other persons.
5. The learned Counsel for the applicant at the outset submits
that pursuant to order dated 08.02.2024 this court has already
allowed the application filed by the husband of the applicant,
Brijesh Kumar under Section 438 of the CrPC.
6. He submits that the applicant is entitled for the grant of
pre-arrest bail on the ground of parity as the role alleged against
the applicant is similar to that of the co-accused. He submits that
the allegation against the present applicant is that she used to
collect the money on behalf of the co-accused – Brijesh Kumar
(her husband), who is already granted bail.
7. The Learned Additional Prosecutor for the State does not
dispute that the allegation against the applicant is similar to the
one alleged against the co-accused – Brijesh Kumar.
8. This Court, by order dated 08.02.2024 in BAIL APPLN
3657/2023, filed by the Co-accused Brijesh Kumar, observed that
the allegation relates to the payment of money between the
period 2009 to 2016 and an application under Section 156(3)
Cr.P.C., was filed in the year 2018, the FIR was registered finally
in the year 2023, and in the absence of any proof of payment of
money the present case seems to be a dispute in relation to
recovery of money.
9. In view of the above and considering the fact that the co-
accused having been alleged with the similar role, if not graver,
This is a digitally signed order.
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has already been admitted on pre-arrest bail, the present
application is allowed.
10. In the event of arrest, the applicant is directed to be
released on bail on furnishing a personal bond of ₹50,000/- with
two sureties of the like amount subject to the satisfaction of the
concerned SHO, on the following conditions:
a. The applicant shall join and cooperate with the
investigation as and when directed by the Investigating
Officer;
b. The applicant shall appear before the learned Trial
Court on every date of hearing;
c. The applicant shall keep the Investigating Officer
informed of her current address and mobile contact
number, and/or change of residence or mobile details, if
any, from time to time;
d. The applicant shall not tamper with evidence or
contact any of witnesses in any manner whatsoever;
e. The applicant shall not leave the Country without
the permission of the learned Trial court.
11. It is clarified that the observations made in the present
order are for the purpose of deciding the present pre-arrest bail
application, and should not influence the outcome of the Trial.
The said observations should not be taken as an expression of
opinion on the merits of the case.
12. The application is allowed in the aforesaid terms.
AMIT MAHAJAN, J
FEBRUARY 29, 2024
(cid:147)SS(cid:148)
This is a digitally signed order.
BAIL APPLN. 732/2024 Page 3 of 3
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 02/03/2024 at 11:45:01