PRAKASH GUPTA Vs. STATE ( NCT OF DELHI )

JUDGEMENT

(1.) Status report has been received from Director, CFSL, CBI. In view thereof, CBI is discharged.

(2.) Petitioner seeks regular bail in FIR. No.62/2017 under Sections 409/34 IPC. Allegations in the FIR. are that the complainant had handed over 6 kilograms of gold to the petitioner and the petitioner thereafter neither returned the gold nor paid the money for the same and has accordingly committed breach of trust.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. She submits that there is no material produced to show that any gold was handed over to the petitioner except for oral statements. It is contended that the prosecution has relied solely on the recording of a telephonic conversation allegedly between the petitioner and the complainant. She submits that when the recording is seen as a whole then there is no criminality insofar as the petitioner is concerned and the recording also does not substantiate that any gold was handed over to the petitioner.