(1.) The present application has been filed under sec. 439 of the Code of Criminal Procedure, 1973 on behalf of the petitioner/applicant praying for regular bail in FIR bearing No. 043/2021 registered at Police Station EOW Mandir Marg for the offences punishable under Ss. 406/420/120B of the Indian Penal Code, 1860.
(2.) As per the FIR the prosecution story is as follows:
(3.) Mr. Vikas Pahwa, Learned senior counsel appearing on behalf of the Petitioner/Applicant submitted that the Petitioner/Applicant was arrested on 5/8/2021 and since then he is in custody. Investigation of the case has been completed. Chargesheet has been filed. It is submitted that conclusion of trial is likely to take time. During the course of investigation, Investigating Officer has collected all the incriminating materials against the petitioner. It is vehemently submitted that all the incriminating evidences/materials against the petitioner/applicant are of documentary in nature and there are no chances of of petitioner/applicant tempering the same. Therefore, no useful purpose will be served by keeping Petitioner/Applicant/accused in Jail. It is further submitted that the dispute between the parties is purely of civil nature and requisition of FIR in the present case is glaring case of abuse of process of law