LALIT MISHRA Vs. STATE

JUDGEMENT

(1.) Bail Appln. No. 879/2005: By this application under Section 439, Cr.P.C. petitioner is seeking bail in the case FIR No. 121/2004 under Sections 420/467/471/477-A/120-B, IPC, P.S. Sarojni Nagar, New Delhi.

(2.) Prosecution allegations are that petitioner as proprietor of M/s. Dhananjay Silk Emporium, in connivance with co-accused T.B. Rai cheated the complainants with a huge amount of about Rs. 5.0 crores. Learned Counsel for the petitioner submits that allegations against him are false. Petitioner was arrested on 19.4.2004; he is in custody for the last one and a half years. The case depends on documentary evidence; and there is no liklihood of petitioner's absconding or tamper with the evidence and trial is bound to take quite some time. Learned Counsel argued that as per allegations, main accused is T.B. Rai and petitioner acted only at his instance. Learned APP for the State submits that after investigations challan has been filed, matter is listed for prosecution evidence and petitioner is involved in a similar another case FIR No. 566/2004 registered at P.S. New Friends Colony, Delhi. Therefore, petitioner is not entitled to be released on bail.

(3.) In the facts and circumstances of this case and role alleged against the petitioner, application is allowed. Petitioner is ordered to be released on bail on his furnishing a personal bond in the sum of Rs. 5.0 lacs with two sureties in the like amount to the satisfaction of the Trial Court, subject to the condition that petitioner shall not leave India without prior permission of the Trial Court and shall not tamper with the evidence and shall keep Investigating Agency informed about place of his residence. Application stands disposed of.