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HIGH COURT OF DELHI
BAIL APPLN. 2181/2022
PIYUSH GOPAL BANDHOPADHYAY ..... Petitioner
Through: Mr. B. Devasekhar and Mr. Pawan Kumar, Advs.
Through: Mr. Amit Sahni, APP for State and ACP Virender Kadyan, Insp. Shikhar
Chaudhary and Insp. Anand Pratap Singh, PS EOW, Delhi.
Mr. Ishank Gupta, Adv. for complainant.
Date of Decision: 25.07.2023.
JUDGMENT
1. This is an application preferred on behalf of the petitioner under Section 439 read with Section 482 Cr.P.C. for grant of regular bail in FIR No.76/2021, under Sections 420/406/467/468/471/120B I.P.C. registered at Police Station: BOW.
2. The facts in brief, as per the complaint of Ravindra Pratap Singh, Authorized Representative of M/s New Waves Bio Fuels India Pvt. Ltd & M/s Trimurti Exim Pvt. Ltd. are that he was approached with a business proposal by one Daya Shankar Mishra. Mr. Mishra misrepresented to the complainant that he can use his high contacts to get work as there are lot of funds under the Make in India Programme. Additionally, he also introduced the present accused, a senior IFS officer in PMO, who is the head of Make in India Programme and his wife Shweta Shrout to the complainant. It is alleged that a loss of Rs.2.39 crores has been incurred by the complainant under inducement by the accused.
3. In terms of the direction of this court, learned APP for the state has supplied the copy of the updated status report dated 16.03.2023. However, the same is not on record.
4. Learned counsel for the complainant is seeking time to file the counter affidavit.
5. The accused in the present case is in custody for the last 2.[5] years. The investigation is complete. The charge-sheet has already been filed. Co-accused Daya Shankar Mishra is stated to be on anticipatory bail.
6. Let the counter affidavit be filed before the next date of hearing.
7. Let the updated status report be also brought on record.
8. In the meantime, without going into the merits of the case and taking into consideration, the period of incarceration; the accused is admitted to interim bail on furnishing a personal bond for a sum of Rs. 50,000/with one surety of the like amount till the next date subject to the satisfaction of learned Trial Court subject to the following conditions: a. The petitioner shall not leave NCR without the permission of the court. b. The petitioner shall not threaten or intimidate the witnesses. c. He shall furnish his residential address and mobile number in the bail bond and in case of any change in the address he shall intimate the same to the IO.
9. List on 05.12.2023.
10. Copy of this order be sent to the concerned Jail Superintendent.
DINESH KUMAR SHARMA, J JULY 25, 2023