Delhi High Court - Orders
Rahul Mathur vs State The Government Of Nct Of Delhi & Anr on 4 October, 2023
Author: Amit Bansal
Bench: Amit Bansal
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3309/2023 & CRL.M.A. 26681/2023 (int protection)
RAHUL MATHUR ..... Petitioner
Through: Mr.Jagdeep Anand, Mjr.Varun
Kapoor and Mr.Rakshit Tyagi,
Advocates.
versus
STATE THE GOVERNMENT OF NCT OF DELHI & ANR.
..... Respondents
Through: Mr.Ritesh Kumar Bahri, APP for
State.
SI Chandan, PS. Spcl. Cell.
Mr.Sahib Malhotra, Advocate for
complainant.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 04.10.2023 CRL.M.A. 26680/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
BAIL APPLN. 3309/20233. By way of the present application, the applicant seeks anticipatory bail in FIR No. 84/2023 under Sections 420/468/467/471/321/506/120B of the Indian Penal Code, 1860 (IPC) registered at Police Station Special Cell Lodhi Colony.
4. Counsel for the applicant submits that the applicant has wrongly been implicated in the present FIR and there are no specific allegations against BAIL APPLN. 3309/2023 Page 1 of 2 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 09/10/2023 at 20:53:58 him in the FIR. In fact, the complainant himself conspired with other co- accused persons to obtain loan from the bank. He further submits that the applicant could not appear before the Investigating Officer (IO) pursuant to the notice dated 21st August, 2023 issued under Section 41A of the Code of Criminal Procedure, 1973 (CrPC), which was affixed outside his residence, as he was not available at his residence on the said date. However, on 24th August, 2023, the applicant provided his bank statements to the IO.
5. Learned APP has drawn attention of the Court to the reply to the bail application filed on behalf of the prosecution before the learned Sessions Court, in which role of the applicant in the fraudulent loan transactions has been specifically described. It is stated that the applicant along with the other co-accused persons prepared forged documents, using which fraudulent loans were obtained from private banks as well as nationalized banks. It is further stated that investigation has also revealed that the applicant was regularly in touch with other co-accused persons by way of phone calls and text messages. Further, the proceedings under Section 82 of the CrPC have also been initiated against the applicant on account of the applicant not joining investigation.
6. In my considered view, the nature of allegations against the applicant are serious and custodial interrogation would be necessary for unearthing the conspiracy and recover the crime proceeds. Therefore, this is not a fit case for grant of anticipatory bail.
7. Accordingly, the application is dismissed.
AMIT BANSAL, J OCTOBER 4, 2023 sr BAIL APPLN. 3309/2023 Page 2 of 2 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 09/10/2023 at 20:53:58