Dheeraj Kumar v. The State (Govt of NCT of Delhi)

1. Petitioner seeks anticipatory bail in FIR No.689/2016 under Sections 420/506/34 IPC, Police Station Govind Puri.

2. The allegations in the FIR are that the complainant and his friends were approached by the petitioner and his associates for securing a job in Railways. It is alleged that approximately Rs.[6] lakhs had been paid, however, no job got secured.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that apart from just naming the petitioner in the FIR, there is no allegation that the petitioner ever contacted the complainant and his associates and received any money. He submits 2019:DHC:3904 BAIL APPLN. 3051/2018 that after a gap of 2 years in a supplementary statement a fresh role has been ascribed to the petitioner that he was also met and money was paid in his presence.

4. By order dated 31.01.2019, petitioner was granted interim protection subject to joining investigation.

5. Learned APP submits that investigation is complete and chargesheet has already been filed and there is no further requirement of the petitioner to join investigation.

6. Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances, I am satisfied that the petitioner has made out a case for grant of anticipatory bail.

7. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail, on petitioner furnishing a bail bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything that may prejudice either the trial or the prosecution witnesses. Petitioner shall join investigation as and when so required by the IO.

8. Petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

AUGUST 8, 2019/rk SANJEEV SACHDEVA, J