JANGYA NARAYAN MISHRA Vs. STATE

JUDGEMENT

(1.) VIDE the present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks directions thereby directing the concerned Investigating Officer to release the petitioner on bail in the event of his arrest in case bearing FIR No. 628/2014 registered at Police Station Lajpat Nagar, New Delhi, for the offences punishable under Sections 408 of the IPC.

(2.) MR . Vijay Aggarwal, learned counsel appearing on behalf of the petitioner submits that as informed by learned Prosecutor, Sections 420/467/468/471/120B of the IPC have also been invoked against the petitioner.

(3.) MR . Vijay Aggarwal, learned counsel appearing on behalf of petitioner, submits that the petitioner left the job of complainant on 24.07.2014 after settlement of all his dues and whatever had been done that was by Nand Kishore and the petitioner is innocent person and has been wrongly implicated in the case. He further submits that the petitioner joined the investigation thrice under the protection of this Court and whatever the police wanted he had furnished the same. There is no chance of the petitioner absconding from the judicial process. Moreover, there is a delay in lodging the FIR. Firstly, the complainant himself enquired the matter, prepared the CD and only thereafter, the FIR is lodged whereas in the FIR it is stated that there is no delay in lodging the FIR. The complainant concern is a small concern and he used to sit on the establishment, thus was personally watching the business. He had independent auditor. All the co -accused initially absconded whereas the petitioner being innocent adopted the legal course. On each and every date he remained present in the Court and even today. There is no past criminal record of the petitioner. The rest of the co -accused have been released on regular bail. His custodial interrogation is not required, therefore, the present petition may be allowed.