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$—4&5(common order)
HIGH COURT OF DELHI
BAIL APPLN.1254/2019 and Crl.M.(B)901/2019, AJAY GOEL@RAJU Petitioner
Through: Mr.Vinay Gupta,Advocate with Mr.Manish Dha,Advocate 0
$—4&5(common order)
HIGH COURT OF DELHI
BAIL APPLN.1254/2019 and Crl.M.(B)901/2019, AJAY GOEL@RAJU Petitioner
Through: Mr.Vinay Gupta,Advocate with Mr.Manish Dha,Advocate 0
VERSUS
STATE OF DELHI Respondent
Through: Mr.Kewal Singh Ahuja,APP for the State with SI Shashi Kant,PS
Seemapuri.
Through: Mr.Kewal Singh Ahuja,APP for the State with SI Shashi Kant,PS
Seemapuri.
BAIL APPLN.1255/2019 and Crl.M.(B)902/2019
SHRI VINOD KUMAR GOEL Petitioner
Through: Mr.Vinay Gupta,Advocate with Mr.Manish Dha,Advocate
SHRI VINOD KUMAR GOEL Petitioner
Through: Mr.Vinay Gupta,Advocate with Mr.Manish Dha,Advocate
VERSUS
STATE OF DELHI Respondent
Through: Mr.Kewal Singh Ahuja,APP for the State with SI Shashi Kant,PS
Seemapuri.
Through: Mr.Kewal Singh Ahuja,APP for the State with SI Shashi Kant,PS
Seemapuri.
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
17.07.2019 Crl.M.A.10664-10665/2019(exemption)in BAIL APPLN. 1254/2019
Crl.M.A.10666/2019. 10713/2019 rexemption)in BAIL APPLN. 1255/2019
Exemption allowed,subject to alljust exceptions.
Applications stand disposed of.
17.07.2019 Crl.M.A.10664-10665/2019(exemption)in BAIL APPLN. 1254/2019
Crl.M.A.10666/2019. 10713/2019 rexemption)in BAIL APPLN. 1255/2019
Exemption allowed,subject to alljust exceptions.
Applications stand disposed of.
BAIL APPLN. 1254/2019 etc. Page 1 of4
2019:DHC:7304
2019:DHC:7304
BAILAPPLN. 1254/2019
BAIL APPLN. 1255/2019
When these applications for anticipatory bail came up on 17.05.2019, the following order had been recorded:-
""When these applications were taken up earlier in the day in their turn, the counselfor thepetitionersubmitted thatPardeep
Goel, the third accused, he being the brother of the two petitioners, against whom specific allegations are made in the
FIR, is inclined to surrender himself before the investigating officer today.
On request, these matters were passed over and taken up after lunch. In the post lunch session, SHO police station Seema
Puri has submittedfurther status report, in continuation ofthe status reportsubmitted earlier, thatPardeep has surrendered and is being interrogated.
Having regard to thefacts and circumstances ofthe case, these matters are adjourned for further status report to be submitted.
Be listedon 17''^ July,2019.
Meanwhile, there shall be no coercive steps against the petitioners subject to they joining and cooperating with the investigation...."
Status reports have been filed, the same confirming that both the petitioners havejoined the investigation.
The co-accused Pardeep Goel was arrested on 18.05.2019 and has since been released on bail by the court ofMetropolitan Magistrate by order dated 23.05.2019, he having deposited a bank draft in the sum of
Rs.60,000/-, which is the amount of which the complainant suffered wrongful loss as a result ofalleged cheating.
When these applications for anticipatory bail came up on 17.05.2019, the following order had been recorded:-
""When these applications were taken up earlier in the day in their turn, the counselfor thepetitionersubmitted thatPardeep
Goel, the third accused, he being the brother of the two petitioners, against whom specific allegations are made in the
FIR, is inclined to surrender himself before the investigating officer today.
On request, these matters were passed over and taken up after lunch. In the post lunch session, SHO police station Seema
Puri has submittedfurther status report, in continuation ofthe status reportsubmitted earlier, thatPardeep has surrendered and is being interrogated.
Having regard to thefacts and circumstances ofthe case, these matters are adjourned for further status report to be submitted.
Be listedon 17''^ July,2019.
Meanwhile, there shall be no coercive steps against the petitioners subject to they joining and cooperating with the investigation...."
Status reports have been filed, the same confirming that both the petitioners havejoined the investigation.
The co-accused Pardeep Goel was arrested on 18.05.2019 and has since been released on bail by the court ofMetropolitan Magistrate by order dated 23.05.2019, he having deposited a bank draft in the sum of
Rs.60,000/-, which is the amount of which the complainant suffered wrongful loss as a result ofalleged cheating.
BAIL APPLN.1254/2019 etc. Page2of4
\ In the facts and circumstances, prayers in the petitions are granted.
Thus, it is directed that in the event ofthe petitioners being arrested, they shall be released on bail by the an-esting officer on furnishing personal bond in the sum ofRs.25,000/- with one surety in the like amount subject to the following further conditions
(i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to their release, they shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(v) They shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit their passport(s), ifthey hold one,with the said court.
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against them by the court of cognizance.
BAIL APPLN. 1254/2019etc. Page 3of4 Both the petitions are disposed ofin above terms.
Dasti under the signatures ofCourt Master.
K
JULY 17,2019 vk
\ In the facts and circumstances, prayers in the petitions are granted.
Thus, it is directed that in the event ofthe petitioners being arrested, they shall be released on bail by the an-esting officer on furnishing personal bond in the sum ofRs.25,000/- with one surety in the like amount subject to the following further conditions
(i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to their release, they shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(v) They shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit their passport(s), ifthey hold one,with the said court.
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against them by the court of cognizance.
BAIL APPLN. 1254/2019etc. Page 3of4 Both the petitions are disposed ofin above terms.
Dasti under the signatures ofCourt Master.
K
JULY 17,2019 vk
BAILAPPLN. 1254/2019 etc. Page 4of4
JUDGMENT