Delhi High Court - Orders
Jai Prakash vs The State (Nct Of Delhi) on 7 December, 2022
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2378/2022 & CRL.M.(BAIL) 1075/2022
JAI PRAKASH ..... Applicant
Through: Mr. Rakesh Tiwari and
Mr. Manish Sharma, Advs.
versus
THE STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Mukesh Kumar, APP for the
State with SI Amit Jaglan, PS -
Spl. Staff / Rohini
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 07.12.2022
1. The present application is filed seeking grant of regular bail in FIR No. 458/2016 under Section 420/467/468/471/120- B/34 of the Indian Penal Code, 1860 (IPC) registered at police station North Rohini. The FIR was registered on allegation that the applicant provided complainant's husband and his friend Manik Kapoor forged marksheet and provisional certificate by charging ₹1,80,000/- each for the course - B.Sc.(P.C.M.) in EIILM University, Sikkim through Dayal Institute of Allied Sciences (D.I.A.S.), which is owned by the applicant.
2. It is submitted that the applicant is in incarceration for 1year 5 months and 8 days.
3. The chargesheet has already been filed and the investigation is complete.
4. Learned counsel for the applicant submits that no useful purpose would be served by keeping the applicant in further Signature Not Verified incarceration. Digitally Signed By:HARMINDER KAUR BAIL APPLN. 2378/2022 Page 1 of 3 Signing Date:07.12.2022 18:48:31
5. Learned counsel also points out that the co-accused in the present case, has already been enlarged on bail by an order passed by a coordinate bench of this Court in BAIL APPLN. 466/2022. He submits that the applicant is also entitled for bail on the ground of parity.
6. It is pointed out that the bail application field by the applicant, on earlier occasion, was dismissed by this Court in BAIL APPLN. 2448/2019 by order dated 04.07.2022.
7. Learned APP for the State further submits that the role of the applicant is not similar to the role assigned to the co-accused, to whom bail was granted by this Court by order dated 04.05.2022 in BAIL APPLN. 466/2022.
8. It is significant to note that orders, in application for bail filed by the applicant on earlier occasion, were reserved on 12.03.2020 and the co-accused was granted bail subsequently on 04.05.2022.
9. It seems that due to advertence, the fact that the co-accused has been granted bail by this Court by order dated 04.05.2022 was not brought to the knowledge of this Court in BAIL APPLN. 2448/2019.
10. Learned counsel submits that the applicant stands on a better footing than the co-accused, who has already been granted bail. He submits that the complainant, in the present FIR, was issued documents from D.I.A.S. which were verified and were found to be genuine.
11. He further submits that the co-accused, who has already been granted bail by this Court, was in fact the person who forged the admit card and marksheet by creating a domain.
12. Considering the fact that the applicant has already spent Signature Not Verified 1year 5 months and 8 days in custody, the chargesheet has Digitally Signed By:HARMINDER KAUR BAIL APPLN. 2378/2022 Page 2 of 3 Signing Date:07.12.2022 18:48:31 already been filed and the investigation is complete, this Court feels that no useful purpose would be served by keeping the applicant in further incarceration. Moreover, since the co-accused has already been granted bail, who has been assigned a similar role, if not major, and the State has not challenged the bail granted to the co-accused, the applicant is granted bail on furnishing of personal bond of ₹50,000/- with one surety of the like amount to the satisfaction of the learned Trial Court on the following terms and conditions:
a. He shall under no circumstance leave the city; b. He shall appear before the learned trial Court as and when directed;
c. He shall keep his mobile phone switched on at all times; d. He shall commit no offence whatsoever during the period that he is on bail.
e. In the event of there being any FIR/DD entry/ complaint lodged against the applicant, it would be open to the State to seek redressal by way of seeking cancellation of bail. f. He shall not contact the witness in any manner.
13. In view of the aforesaid, the present bail application stands disposed of.
AMIT MAHAJAN, J DECEMBER 7, 2022 'KDK' Signature Not Verified Digitally Signed By:HARMINDER KAUR BAIL APPLN. 2378/2022 Page 3 of 3 Signing Date:07.12.2022 18:48:31