R N SHUKLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 439 Cr.P.C. on behalf of petitioner-R.N. Shukla for grant of regular bail to him in case FIR No.312 dated 14.06.2015 registered under Sections 406, 420, 467, 409, 471 and 201 of Indian Penal Code, at Police Station DLF Phase II, Gurgaon, District Gurgaon.

(2.) Learned counsel for the petitioner submits that the FIR was registered after a delay of two years and there is no explanation for lodging the FIR with delay. Learned counsel further submits that the petitioner has falsely been implicated in the case at the instance of the complainant and Investigating Agency whereas he has no concern with the alleged offence. The alleged amount was donated by M/s Geefive Global Projects Private Limited on 008.2013 and 30.08.2013 for getting exemption from the Income Tax and after getting the amount of donation, letters of thanks were also sent to the company along with proper receipts. The petitioner has accepted the amount in the official capacity. The amount was deposited in the account of organization of the petitioner and not in his personal account. Learned counsel also submits that the complainant has falsely implicated the petitioner in the case with some ulterior motive whereas the petitioner has acted at the instance of main accused-Rahul Chaturvedi, who is still absconding. Learned counsel also submits that there is record of income tax return, details of audit of the organization and the invoice, and the same is with the complainant and his company. The petitioner is in custody since 28.04.2017 and the trial may take long time to conclude. No purpose would be served by keeping the petitioner in custody. The offence is triable by the Magistrate.

(3.) Learned State counsel has not disputed the custody period; the stage of trial and also the fact that main accused-Rahul Chaturvedi is still absconding.