Allowed

Sonukumar v. the State (Govt. of NCT of Delhi)

Delhi HC1 Aug 2024BAIL APPLN./535/2024

Case brief

AI extract

What is this about?

Single judge order granting anticipatory bail in a cheating/criminal breach of trust case where acquitted or bailed co-accused are involved and the cheated amount was refunded. Conditions imposed include cooperation in investigation, no inducement, and informing IO of address changes.

What did the court decide?

Anticipatory bail granted in sum of Rs.20,000/- with one surety of like amount subject to specific conditions.

Sonukumar Vs the State (Govt. of NCT of Delhi) — Cheating and Forgery | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 535/2024

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SONUKUMAR .....Petitioner

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Through: Mr. Neeraj Kumar, Mr.Arun Kumar, Advs.

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versus

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THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Raghuvinder Varma, APP for the state with IO SI Mohit Kumar.

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R

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% 01.08.2024

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This is an application preferred on behalf of the Applicant Sonu Kumar S/o Dinesh Prasad under Section 438 Cr.P.C. seeking anticipatory bail in respect of FIR No. 43/2023 dated 24.10.2023 under Sections 420/468/471 IPC registered at PS: Cyber Police Station, North East.

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1. In brief, the case of the prosecution is that during the period from 12.09.2023 to 29.09.2023, the complainant was allegedly trying to supply approximately Rs. 6,70,000/- on the pretext of supplying TMT Iron Rods (sariya) in bulk quantity. The accused persons allured the complainant over WhatsApp chat and insisted that he pay the alleged amount in two parts: Rs. 3,70,000/- and Rs. 3,00,000/-.

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During the investigation, the cheated amount of Rs. 3,00,000/- was put on hold and could not be withdrawn. The same was refunded back to the victim after an order from CMM, KKD Courts, Delhi.

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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 03/08/2024 at 10:44:46

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Allegedly, the remaining cheated amount of Rs. 3,70,000/- was withdrawn from an ATM in Patna, Bihar on the same day of credit. The present petitioner withdrew the money from the beneficiary bank account. The petitioner was arrested on 06.11.2023, and a number of ATM cards, passbooks, chequebooks, keypad mobiles, Android mobiles, WiFi dongles, SIM cards, notebooks, and diaries were recovered from their possession, including the mobile device used in the crime.Learned counsel for the petitioner submits that the both co accused Deepak and Jitendra have already been on Court bail. It has also been submitted that alleged cheating amount has also been refunded to the victim.

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Learned counsel submits that the petitioner has joined the investigation and requests that he may be admitted to bail.

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Learned APP for the State has fairly submitted that the entire cheated amount has already been refunded to the victim. It has also been submitted that the petitioner has been joining the investigation in terms of the directions of the learned Trial Court.

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I have considered the submissions.

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Taking into the account the facts and circumstances, since the co accused persons are already admitted on bail and the petitioner is joining the investigation, the petitioner is admitted to anticipatory bail in the sum of Rs.20,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court subject to following conditions;

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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 03/08/2024 at 10:44:46

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a) the petitioner shall cooperate in the investigation and appear before the Investigating Officer of the case as and when required;

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b) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

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c) the petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times;

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d) In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.

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e) the petitioner shall also inform the investigation officer about any change in their address.

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In view of above, the application stands disposed of.

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DINESH KUMAR SHARMA, J

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AUGUST 1, 2024 Pallavi

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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 03/08/2024 at 10:44:46

Sonukumar v. the State (Govt. of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

Sonukumar v. the State (Govt. of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

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