LAWS(DLH)-2021-7-99

DIWAKAR MISHRA Vs. STATE OF NCT OF DELHI

Decided On July 27, 2021
Diwakar Mishra Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The present bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner seeking anticipatory bail in case FIR No. 496/2018 under Section 381 IPC registered at P.S. Shalimar Bagh.

(2.) Briefly stated, the present case was registered on the basis of statement of one Devi Dayal Mittal S/o Sh. Ram Sharan Dass Mittal R/o BL- 106, West Shalimar Bagh, Delhi. According to the complainant, he runs an office of company at the above noted address and another office of his company is situated in Chawri Bazar. He runs his company under the name and style of Ram Sharan Dass & Company which deals in trading of papers. According to the complainant, the employee of company namely Rajiv Lochan Mishra R/o E-81, Bhagwati Garden Extn. Dwarka More, Delhi, permanent resident of Village-Malachka, Munger, Bihar, was looking after the cash transaction and transport work of his company for the last 15 years.

(3.) According to the complainant, on 11.09.2018 at about 01:30 PM, he went to passport office from his office. Thereafter his brother Sat Prakash Mittal gave a sum of Rs 11 Lakhs to Rajiv Loachan Mishra to be given to a party at Peeragarhi, Delhi. All the currency notes were in the denomination of 2000. Thereafter his brother Sat Prakash went to Model Town for lunch. After some time the brother of the complainant received a phone call from the party that their employee Rajiv Lochan Mishra has not reached them. The brother of the complainant tried to call on both the phone numbers of Rajiv Loachan Mishra, but the same were found switched off. Thereafter Sat Prakash (Brother of complainant) reached at BL-106, Shalimar Bagh, Delhi at about 04:00 PM and checked the balance cash, which was kept in the bad box, but the cash kept in bad box was not found. There were total 38 Lakhs rupees in Bad Box in which Twenty Nine Lakh rupees were in the denomination of 2000 currency notes and rest Nine Lakh rupees were in the denomination of 500 and 100 currency notes. The employee of the company of complainant namely Rajiv Lochan Mishra had taken Rs 49 Lakhs along with Company's owned Red colour Motorcycle bearing No. DL 8S AW 8316 Hero Splender. He has also stolen some documents and IDs alongwith cash. Accordingly, a case vide case FIR No. 496/18 U/S 381 IPC was registered at PS. Shalimar Bagh, Delhi, and investigation went underway.