Pooja Aggarwal v. The State (Not of Delhi)

1. By these petitions, the petitioners seek anticipatory bail in case FIR No.21/2019 under Sections 420/120-B/34 IPG registered at PS Seema Puri. In the abovenoted FIR lodged on the complaint ofKamal Nagpal,it is stated that the complainant had started a proprietorship business of movers and packers in the name and style of Speed Cargo Movers & Packers in February, 2016. The complainant was assisted by his friend and cousin in the said business. In January, 2018 Ankush Aggarwal, the brother of petitioner Pooja Aggarwal and son of petitioner Trilok Chand Aggarwal approached the complainant and requested him to employ in his business. Since Ankush Aggarwal was having knowledge of the transport business, the complainant acceded to the request of Ankush Aggarwal whereafter Ankush Aggarwal started working at their office G-201, Floor, Seemapuri, Near Dilshad Garden Metro Station. In January, 2018 itself, Ankush Aggarwal stated that since his father had stopped working with small companies as a transporter and he had the knowledge regarding the same,he could get the complainant those work orders. Along with Ankush Aggarwal, his friend namely Bindiya Negi, his sister Pooja Aggarwal and brother Nikhil alsojoined him.

2. Allegations in nut shell against Ankush Aggarwal and the petitioners are that money was taken on the strength offake orders claiming that since transportation had to be done, money was required to be given to the transporters so that the work orders could be implemented. The entire transactions used to be done on the WhatsApp and money which was given by the complainant used to routed to the accounts ofPooja Aggarwal and Trilok Chand Aggarwal and other relatives and from where it was BAILAPPLN. 744/2019& conn.matter page2of[3] transferred back to the accounts ofAnkush Aggarwal.

3. Learned APP for the State submits that since there is a voice recording ofPooja Aggarwal available, her voice samples are required to be taken. Voice sample of Pooja can be taken while she is made to join the investigation and no custodial interrogation for the same is required.

4. Learned counsel for the petitioners Pooja Aggarwal and Trilok Chand Aggarwal states that the two petitioners would fully cooperate in the investigation and Pooja Aggarwal will have no objection in giving her voice samples.

5. Considering the roles assigned to the petitioners and that learned counsel for the petitioners has assured that the petitioners will fully cooperate in the investigation, this Court deems it fit to grant anticipatory bail to the petitioners. It is,therefore, directed that in the event ofarrest,the petitioners be released on their fiimishing a personal bond in the sum of Rs.25,000/- each with one surety bond each of the like amount to the satisfaction of the Arresting Officer/SHO concerned further subject to the condition that they will join the investigation as and when directed by the Investigating Officer and in case ofchange ofresidential address, the same will be intimated to the Court concerned by way ofaffidavit.

6. In case the petitioners fail tojoin the investigation,the State would be at liberty to take necessary action in accordance with law.

7. Petitions are disposed of.

8. Order dasti. MUKTA'GUPTA,J. JULY 09,imirnarnta BAIL APPLN. 744/2019 <6 conn.matter page3of[3]