Saurav Sharma v. State (NCT of Delhi)

1. The petitioner seeks anticipatory bail in FIR No.61/2018, under Sections 379/419/420/468/471/120B read with Section 34 IPC, Police Station Lajpat Nagar (now transferred to Cyber Cell, District South East).

2. Subject FIR was registered consequent to a fraudulent transaction in the credit card of the complainant. Investigation led the prosecution to the arrest of the co-accused, in whose possession, it is alleged that 55 mobile sim cards, 22 empty packets of mobile sim cards, 5 mobile phones, one laptop, 02 WiFi Routers, 08 Credit/Debit Cards, 06 Passbooks of different bank accounts, 11 cheque books of different banks and other incriminating material was recovered.

3. Learned counsel for the petitioner submits that there is no 2019:DHC:1021 BAIL APPLN. 1277/2018 incriminating material connecting the petitioner with the subject offence except the alleged disclosure statement of the brother of the petitioner, who is a co-accused.

4. Petitioner was granted protection by order dated 28.05.2018 subject to joining investigation.

5. Learned APP under instructions submits that petitioner had joined investigation. Investigation has concluded and there is no further requirement of petitioner to join investigation.

6. Without commenting on the merits of the case and on perusal of the record, I am of the view 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 his furnishing a bail bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall no do anything which may prejudice the trial or the prosecution witnesses.

8. The petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

FEBRUARY 14, 2019/rk SANJEEV SACHDEVA, J