Allowed

Manojkumar v. State NCT of Delhi

Delhi HC23 Jan 2024BAIL APPLN./4178/2023

Case brief

AI extract

What is this about?

The Delhi High Court granted regular bail to the petitioner in a cheating case involving IPC Sections 420/406, after finding he remained in custody for three years while charges were unframed and was not the main accused. Bail was granted on a personal bond of ₹25,000.

What did the court decide?

Regular bail granted on a personal bond of ₹25,000 with one surety, subject to conditions including availability, no leaving Delhi, witness tampering prohibition, and passport surrender.

Manojkumar Vs State NCT of Delhi — Cheating and Forgery | Delhi HC (2024)

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$~9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 4178/2023 MANOJKUMAR ..... Petitioner Through: Mr. Alok Tripathi, Advocate.

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versus

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STATE NCT OF DELHI ..... Respondent Through: Mr. Manoj Pant, APP for the State.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R

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% 23.01.2024

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The instant application under Section 482 of the Code of the Criminal Procedure, 1973 (“Cr.P.C.”) has been filed on behalf of petitioner seeking regular bail in case FIR bearing no. 303/2018, registered at Police Station EOW, Delhi for the offences punishable under Sections 420/406 of the Indian Penal Code, 1860 (“IPC”).

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It is stated by learned counsel for petitioner that the petitioner was arrested on 11.11.2020, and he states that the petitioner is not the main accused. It is further stated that the charge-sheet has already been filed. It is also stated that the petitioner has remained in judicial custody for the last three years as an under-trial.

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Learned APP appearing on behalf of the State does not dispute that the main accused in this case was arrested on 30.06.2022 and that chargesheet as well as supplementary charge-sheet already stand filed, and that the custodial interrogation of the present accused is not required.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:04:32

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The Trial Court Record which was summoned on the last date of hearing has been perused. It is reported that charges could not be framed till date since supplementary charge-sheet was to be filed in this case.

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After perusing the entire record and considering the overall facts and circumstances of the case, also considering that the accused has been in judicial custody for the last three years, and charges are yet to be framed, and the fact that the matter is listed for compliance for other accused persons, it will take time for trial to conclude, this Court is inclined to grant regular bail to the petitioner on his furnishing personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Trial Court/Successor Court/Link M.M/Duty M.M concerned on the following terms and conditions:

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i) The applicant shall remain available on mobile numbers; shared by him with the Police. ii) The applicant shall not leave NCT of Delhi without prior permission of the concerned Trial Court. iii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner. iv) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned I.O/SHO v) The applicant shall not influence other witnesses and will ensure that he does not delay the trial by remaining absent. vi) The applicant shall surrender his Passport to the I.O., within three days. If he does not possess the same, he shall file an affidavit before the I.O. to that effect within the stipulated time.

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The bail application stands disposed of in the above terms.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:04:32

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Copy of this order be sent electronically to the concerned Jail Superintendent for information and compliance.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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JANUARY 23, 2024/ at

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:04:32

Manojkumar v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Manojkumar v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

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