YOGESH GUPTA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By this petition, the petitioner seeks bail in case FIR No.72/2017 under Sections 420/409/468/471/201/120-B IPC registered at PS Rajinder Nagar, New Delhi.

(2.) Learned counsel for the petitioner contends that the petitioner has been in custody for nearly ten months now since 29th September, 2017 and is no more required for investigation. Co-accused Subhash Jindal has already been granted bail. The prime accused Narinder Jain is absconding till date and has not joined the investigation, thus trial is likely to take some time. In any case the main role is of Narinder Jain and Jitender Kumar and the petitioner has been deliberately roped therein. No complaint has been lodged by the bank that M/s Arihant Traders defrauded or cheated the bank. The loan secured by the bank was by lawful means. The petitioner is a professional being a Chartered Accountant, there is no other criminal involvement and no likelihood of his fleeing away from justice, thus bail be granted to him.

(3.) Learned APP for the State on the other hand contends that Jitender Kumar was only a driver of one Naveen Arora, known to the petitioner. The entire fictitious accounts etc. were opened by the petitioner. M/s Arihant Traders is the firm belonging to the petitioner. Petitioner got prepared fake election voter card in the name of Jitender Kumar on the fake address changing his father's name and also double Pan cards were got prepared. It is the petitioner who opened the fictitious firm M/s Arihant Traders in the name of Jitender Kumar. The actual conspiracy was between the petitioner herein and Narinder Jain and despite the original documents lying with the bank the property was sold to the complainant. The petitioner is the beneficiary of maximum amount routed through the other firms which were fictitious. The petitioner in connivance with the other co-accused and the bank officials got sanctioned credit limit of Rs. 6.40 crores in favour of M/s Arihant Traders. The petitioner was also the guarantor of the transaction. As is evident from the documents the petitioner was the controlling authority of M/s Arihant Traders which bear his email address and mobile phone numbers.