Allowed

Pooja Aggarwal v. the State (Nct of Delhi)

Delhi HC9 Jul 2019BAIL APPLN./744/2019

Case brief

AI extract

What is this about?

This order grants anticipatory bail to petitioners accused under Sections 420, 120-B IPC for allegations of cheating via fake work orders. The court directed the petitioners to provide voice samples and join the investigation without custodial interrogation.

What did the court decide?

Anticipatory bail granted with personal bond of Rs.25,000/payment of surety; directed to join investigation and provide voice samples.

Pooja Aggarwal Vs the State (Nct of Delhi) — Cheating and Forgery | Delhi HC (2019)

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Signature Not Verified Signed By:RAM DATT Signing Date:14.10.2024 16:28 Certify that the digital and physical file have been compared and the digital data is as per the physical file an d no page is missing.

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By these petitions, the petitioners seek anticipatory bail in case FIR No.21/2019 under Sections 420/120-B/34 IPG registered at PS Seema Puri. In the abovenoted FIR lodged on the complaint of Kamal Nagpal, it is stated that the complainant had started a proprietorship business of movers and packers in the name and style of Speed Cargo Movers & Packers in February, 2016. The complainant was assisted by his friend and cousin in the said business. In January, 2018 Ankush Aggarwal, the brother of petitioner Pooja Aggarwal and son of petitioner Trilok Chand Aggarwal approached the complainant and requested him to employ in his business. Since Ankush Aggarwal was having knowledge of the transport business, the complainant acceded to the request of Ankush Aggarwal whereafter Ankush Aggarwal started working at their office G-201, Floor, Seemapuri, Near Dilshad Garden Metro Station. In January, 2018 itself, Ankush Aggarwal stated that since his father had stopped working with small companies as a transporter and he had the knowledge regarding the same, he could get the complainant those work orders. Along with Ankush Aggarwal, his friend namely Bindiya Negi, his sister Pooja Aggarwal and brother Nikhil also joined him. 2. Allegations in nut shell against Ankush Aggarwal and the petitioners are that money was taken on the strength of fake orders claiming that since transportation had to be done, money was required to be given to the transporters so that the work orders could be implemented. The entire transactions used to be done on the WhatsApp and money which was given by the complainant used to routed to the accounts of Pooja Aggarwal and Trilok Chand Aggarwal and other relatives and from where it was BAIL APPLN. 744/2019 & conn.matter page 2 of 32 of 3of 33

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page 2 of 32 of 3of 33

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transferred back to the accounts of Ankush Aggarwal.

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Learned APP for the State submits that since there is a voice recording of Pooja Aggarwal available, her voice samples are required to be taken. Voice sample of Pooja can be taken while she is made to join the investigation and no custodial interrogation for the same is required.

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Learned counsel for the petitioners Pooja Aggarwal and Trilok Chand Aggarwal states that the two petitioners would fully cooperate in the investigation and Pooja Aggarwal will have no objection in giving her voice samples.

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Considering the roles assigned to the petitioners and that learned counsel for the petitioners has assured that the petitioners will fully cooperate in the investigation, this Court deems it fit to grant anticipatory bail to the petitioners. It is, therefore, directed that in the event of arrest, the petitioners be released on their fiimishing a personal bond in the sum of Rs.25,000/- each with one surety bond each of the like amount to the satisfaction of the Arresting Officer/SHO concerned further subject to the condition that they will join the investigation as and when directed by the Investigating Officer and in case of change of residential address, the same will be intimated to the Court concerned by way of affidavit.

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In case the petitioners fail to join the investigation, the State would be at liberty to take necessary action in accordance with law. 7. Petitions are disposed of.

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Order dasti.

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JULY 09, imirnarnta

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BAIL APPLN. 744/2019 <6 conn.matter

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Pooja Aggarwal v. the State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Pooja Aggarwal v. the State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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