Delhi High Court - Orders
Rakesh Kumar Jaiswal vs The State (Nct Of Delhi) & Anr on 6 November, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3353/2023 & CRL.M.(BAIL) 1401/2023
RAKESH KUMAR JAISWAL ..... Petitioner
Through: Mr. Satish Aggarwal, Mr. Nishant
Sharma, Mr. Gaurav Pachauri, Mr.
Philip Mathew, Mr. Kuldeep Jauhari
& Mr. Anubhav, Advocates.
versus
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Aman Usman, APP for the State
with Insp. Devender Dahiya, IFSO,
Spl. Cell.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 06.11.2023
1. The present application under Section 439 of the Cr.P.C. seeks regular
bail in case FIR no. 125/2023, under Sections
255/256/258/259/420/120B/34 of the IPC, registered at P.S. Special Cell.
2. The case of the prosecution, as per status report 10.05.2023, authored by Devender Dahiya, Inspector, IFSO, Cyber Crime Unit, Spl. Cell, Dwarka Sec-16, Delhi, is as under:
"Most respectfully, it is submitted that the above cited case was registered on the complaint of Shri Pradeep Sherawat against Mr. Pradeep who sold the counterfeit Share Transfer Stamps worth Rs 14000/-.
The Share Transfer Stamps are used for paying duty to government on transferring of shares. The alleged counterfeit Share Transfer Stamps 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 06/11/2023 at 23:43:17 were sent to India Security Press, Nashik, Maharashtra for analysis and the same were found forged/counterfeited. Thereafter the case was registered and investigation taken up.
During the course of investigation, accused Pradeep Kumar, who sold the counterfeited Share Transfer Stamps to the complainant was arrested on 23/05/2023. More Counterfeited Share Transfer Stamps (2700 stamps worth Rs 100 each) were recovered from his possession which were seized. He disclosed that these Counterfeited Share Transfer Stamps were sold to him by one Akbar.
Thereafter on same day, accused Akbar was arrested. The Counterfeited Share Transfer Stamps (2700 stamps worth Rs 100 each & 128 worth Rs 200 each) were recovered from his possession. He said that he and his brother Asgar use to sell these Counterfeited Share Transfer Stamps. On same day accused Asgar was arrested and Counterfeited Share Transfer Stamps (3960 worth Rs 100 each) were recovered from him. The same were seized. On same day accused Neeraj Jain who also used to sale Counterfeited Share Transfer Stamps was arrested and Counterfeited Share Transfer Stamps (3600 stamps worth Rs 100 each) were recovered from his possession. He disclosed that he used to purchase the Counterfeited Share Transfer Stamps from Kapoor Chand Garg.
Other co-accused Kapoor Chand Garg was arrested with a recovery of 1080 Counterfeited Share Transfer Stamps worth Rs 100 each. Kapoor Chand Garg has disclosed that he used to purchase the counterfeited Share Transfer Stamps from one Manoj Kumar. On 06/06/2023 accused Manoj Kumar was also arrested and sent to J/C. Manoj Kumar disclosed that he used to purchase the stamps from Mohd Akbar and Asgar.
Thereafter, co-accused Saddam who used to supply/sale the counterfeited Share Transfer Stamps/Dak tickets to Akbar was arrested on 14/06/2023 from Bihar.
On 15/06/2023, co-accused Sanjay Sah who used to supply/sale counterfeited Share Transfer Stamps/Dak tickets to Saddam was arrested. On same day, co-accused Suraj and Anil Prasad were arrested who used to supply/sale counterfeited Share Transfer Stamps/Dak tickets to Sanjay Sah.
Thereafter, on 20/06/2023, accused Rakesh Kumar Jaiswal and Ranjeet Kumar were arrested from Patna. At their instance, machine used to print the counterfeited Share Transfer Stamps/Dak: tickets along with Metal plates and other articles used to print counterfeited Share Transfer Stamps/Dak tickets were recovered from Patna. Printed 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 06/11/2023 at 23:43:17 counterfeited Share Transfer Stamps/Dak tickets/Stamp papers were also recovered from there."
3. Learned counsel appearing on behalf of the applicant submits that a notice under Section 41A of the Code of Criminal Procedure, 1973 was given to the present applicant to appear on 20.06.2023 by the Investigating Officer. It is submitted that on the very same day, i.e., on 20.06.2023, the present applicant was arrested, however, no grounds for arrest were made out. Attention of this Court was also drawn to the arrest memo of the present applicant, wherein the signature of the arrestee reflects the name of co- accused Ranjeet Kumar. It is pointed out that the allegation against the present applicant is with regard to recovery of some forged stamp papers, as well as a machine used for printing the same, which was recovered from the premises alleged to have been owned by co-accused Ranjeet Kumar. As far as the applicant is concerned, no recovery has been effected from him as well as from his own premises. Learned counsel for the applicant also submits that the latter suffers from various medical ailments, for which a medical report was called for, which records as under:
"Thereafter on same day i.e. on 01/11/2023 inmate patient was also visited department of Surgery at DDU Hospital for the complaint of cracked skin over left sole with known case of Type-11 Diabetes mellitus/Hypertension, for which he was advised to review with department of Skin accordingly.
At present inmate patient is a known case of Type-11 Diabetes mellitus with complaint of wound over left foot, left diabetic foot, for which he is receiving treatment from doctor on duty, jail visiting Medicine SR, department of surgery at DDU Hospital as and when required. Inmate patient is kept admitted in MI room CJ-04 Dispensary in recent past for monitoring and better care."
4. Learned counsel for the applicant further states that the investigation 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 06/11/2023 at 23:43:18 is complete and chargesheet stands filed. It is submitted that out of 12 accused persons named in the chargesheet, 10 have already been granted bail.
5. Per contra learned APP for the State, on the instructions of Investigating Officer, submits that allegations qua the present applicant are serious in nature. The present applicant, alongwith co-accused Ranjeet Kumar was responsible for printing of forged stamp papers and the other co- accused persons who have granted bail are on a different footing from the applicant.
6. Heard learned counsel for the parties and perused the record.
7. The applicant was arrested on 20.06.2023 despite being given a notice under Section 41A of the Cr.P.C for the said date. It is also the matter of record , as per the case of the prosecution, that the property from where machines allegedly used for printing the forged stamp paper was recovered, belonged to co-accused Ranjeet Kumar and not the present applicant. The investigation in the present FIR is complete and chargesheet stands filed. Necessary recoveries have already been effected by the Investigating Officer. Nominal roll dated 04.11.2023 reflects that the applicant has been in custody for 04 months and 14 days. No useful purpose would be served by keeping the present applicant in continued judicial incarceration.
8. In totality of the facts and circumstances, the present application is allowed. The applicant is directed to be released on bail, on his furnishing a personal bond of Rs. 50,000/- with two sureties of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions:
i. The applicant shall not leave India without prior permission of the 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 06/11/2023 at 23:43:18 learned Trial Court.
ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
9. The application is allowed and disposed of accordingly.
10. Pending application, if any, also stand disposed of.
11. Needless to state that nothing stated hereinabove is an opinion on the merits of the case.
12. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
13. Order be uploaded on the website of this court forthwith.
AMIT SHARMA, J NOVEMBER 6, 2023/bsr 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 06/11/2023 at 23:43:18