ABHIJEET MISHRA Vs. STATE (GOVT. OF NCT) DELHI

JUDGEMENT

(1.) This is an application under Sec. 483 read with Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail to the applicant/accused-Abhijeet Mishra in FIR 202/2023 under Sec. 419/420/406/467/468/471/34 IPC P.S.Hauz Khas.

(2.) Learned counsel for the petitioner has submitted that the complainant and the accused were having financial dealings since 2017 but the charge sheet only contains bank statements from March 2022 to July 2023. It is stated that the transactions in the ledger span from April 2021 to March 2022. The complainant had voluntarily made ample payments to the co-accused Ankita Tiwari and also received repayments in installments. It is submitted that the ledger account statement of the co-accused Ankita Tiwari shows that between 1/4/2021, 31/3/2022, the applicant received an amount of Rs.13.32 crores from the complainant while Rs.13.56 crores was duly returned, and therefore, this negates any fraudulent intent on the part of the applicant/accused.

(3.) It has been submitted that no transaction has been made in the applicant's name, there are no signatures of the applicant on the alleged forged documents and there was never any malafide intent to deceit the complainant. The investigation is complete and charge sheet has already been filed. The applicant has been in judicial custody since 5/6/2023. The complainant has already been examined. The dispute is civil in nature and evidence is essentially documentary, and therefore, no useful purpose would be served by keeping the applicant in custody.