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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3173/2020
KRISHAN KUMAR ..... Petitioner
Through: Mr. Jinendra Jain, Advocate
versus
STATE OF NCT OF DELHI AND ANR & ANR. ..... Respondents
Through: Mr. Laksh Khanna, APP for State with
SI Parmender Kumar
Mr. Ankit Rana, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 28.03.2024
The present application has been filed under Section 438 Cr.PC.
1.
seeking anticipatory bail in FIR No.627/2019 registered under Sections
420/34 IPC at P.S. Rani Bagh.
2. Learned counsel for the petitioner/applicant submits that on the very
first day, to show their bonafide, the applicant alongwith the other accused
persons volunteered to deposit an amount of Rs.1 crore. The said amount
already stands deposited with the Registrar General of this Court by Yogesh
Singh, who is alleged to have received the amount from the
complainant/victims. He further submits that as per the case of the
prosecution, Yogesh Singh alongwith Narender Singh was the shareholder of
M/s Kayden Infra Engineering Pvt. Ltd. whereas the other two shareholders
were M/s Ashali Infrastructure Ltd. and Amarjeet Singh. He further submits
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that the other accused persons namely Devki Nandan, Kunal Singh and
Krishan Kumar/applicant are alleged to have introduced complainant with
Yogesh Singh and Narender Singh. He submits that the dispute relates to
allotment of shares of M/s Kayden Infra Engineering Pvt. Ltd. He further
submits that the accused persons have transferred the requisite shares to the
complainant/victims, who are related to each other and in this regard, he has
referred to the Income Tax Return for the financial year 2017-18.
3. Learned APP for the State duly assisted by learned counsel for the
complainant, on the other hand, submits that though the shares were
transferred, but the same have still not been issued in the name of the
complainant/victims inasmuch they had to be transferred either physically or
in a demat form, which has not been done.
4. At this stage, learned counsel for the applicant submits that to show
the bonafide of the accused persons, Yogesh Singh who had received the
sum of Rs.1.50 crore is ready and willing to make a further deposit of Rs.50
lacs without prejudice to his rights and contentions with the Registrar
General of this Court. He further submits that the accused persons are still
ready and willing to take the requisite steps for the issuance of the shares in
the name of the complainant/victims.
5. Keeping in view the aforesaid facts and circumstances including the
fact that the bail application has been pending since the year 2020 and that
the accused persons have already deposited a sum of Rs.1 crore and that
Yogesh Singh further volunteer to deposit another sum of Rs.50 lac as also
the fact that the applicant has joined the investigation and that the entire case
is documentary in nature, the interim protection granted to the applicant vide
order dated 19.10.2020 is made absolute and it is directed that in the event
This is a digitally signed order.
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 02/04/2024 at 12:11:38
of arrest, the applicant be released on bail subject to his furnishing a
personal - with one surety of like amount to the
bond in the sum of ₹25,000/
satisfaction of the Arresting Officer/Investigating Officer/SHO of the
concerned Police Station and also subject to the following further
conditions:-
(i) At the time of furnishing bail bond, the applicant shall
provide the mobile number, which he undertakes to keep
operational at all times during the pendency of the trial.
(ii) The applicant shall join the investigation as and when
asked.
(iii) The applicant shall inform the concerned Investigating
Officer about his current residential address.
(iv) In case of change of residential address/contact detail, the
applicant shall promptly inform the same to the concerned
Investigating Officer/SHO.
(v) The applicant shall not tamper with the evidence.
(vi) The applicant shall regularly appear before the trial
Court.
6. The application is disposed of in the above terms.
MANOJ KUMAR OHRI, J
MARCH 28, 2024
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This is a digitally signed order.
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 02/04/2024 at 12:11:38