Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application no.08/23
FIR no.31/22: PS Special Cell
Under Section: 419/420/468/471/120B/201 IPC
State Vs. Parveen Aggarwal
04.01.2023
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh.Jagdeep Vats, Sh. Mansih Gandhi, Sh. Anuj Sharma and
Sh. Rohan Bhatia, Ld.counsel for the applicant/accused
Parveen Aggarwal.
IO/Inspector Devender in person.
This is the bail application under Section 439 Cr. PC moved on
behalf of applicant/accused Parveen Aggarwal.
Reply to the bail application by investigating officer filed.
Arguments heard. Record perused.
Brief facts: A complaint regarding online theft/fraudulent transfer
of 04 ROSCTL Scrips worth Rs.55 lacs from DKC Exports was received. On the
basis of complaint made by Sh. Kundan Veer Singh, Proprietor of M/s DKC
Exports the present case was registered and investigation was carried out. During
the course of investigation details of the theft scrips was obtained from DGFT.
During the course of investigation the mobile number used in the entire
conspiracy was found to be registered in the name of accused Parveen Aggarwal.
He was arrested in the present case. It is alleged that the accused Manish
Aggarwal made bogus DSC key of complainant company by making one email
ID in the name of Proprietor of DKC Exports. The said email ID was registered
by using the sim cards issued on fake identities of Rupesh Kumar. The fake ID
of one CCL was prepared by accused Manish Aggarwal and thereafter fake sim
card was got issued on the said fake ID by the applicant/accused Parveen
Aggarwal. The accused persons had also created one fake firm in the name of
M/s Vipin Gupta and transferred all the licences of the complainant company to
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this firm after theft.
It is submitted by Ld.counsel for the applicant/accused that the
applicant has been falsely implicated in the present case and he is in JC since
23.02.2022. That the charge sheet has already been filed and the
applicant/accused is no more required for custodial investigation. That the main
accused Manish Aggarwal has already been released on bail and the
applicant/accused is also entitled to bail on the ground of parity. That the trial is
going to take long time and the applicant/accused can not be kept behind the bars
for indefinite period. It is prayed that the applicant/accused may kindly be
released on bail.
On the other hand bail application is strongly opposed by Ld.
Addl. PP for the state. It is argued that the applicant/accused alongwith other co-
accused persons in a pre planned manner has committed the alleged theft of 4
ROSCTL scrips and no recovery of the alleged cheated amount has been
effected. That looking at the nature and gravity of offence, bail application may
kindly be dismissed.
I have considered the submissions made by Ld.counsel for the
applicant/accused and Ld.Addl. PP for the state.
The applicant/accused is in JC since 23.02.2022. Investigation is
already complete and charge sheet has already been filed. Co-accused Manish
Aggarwal who has been assigned same role in the conspiracy, has already been
released on bail. Trial is going to take long time and no fruitful purpose is going
to be served by keeping the applicant/accused in JC.
Considering the facts and circumstances of the case, looking at the
period of custody, applicant/accused is not required for custodial interrogation
and the co-accused has already been released on bail, I am of the considered
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opinion that no useful purpose is going to be served by keeping the
applicant/accused further in JC. Accused Parveen Aggarwal is admitted to
bail on furnishing bail bond in the sum of Rs.50,000/- with one surety in the
like amount to the satisfaction of Ld. CMM/Ld.MM/Duty MM/Link MM
and subject to the following conditions:
(a) The applicant shall furnish to the Investigating Officer/
S.H.O., a cell phone number on which the applicant may be contacted at
any time and shall ensure that the number is kept active and switched-on at
all times;
(b) The applicant shall not tamper with evidence nor otherwise
indulge in any act or omission that is unlawful or that would prejudice the
proceedings in the pending matter;
(c) The applicant/accused shall not leave the country without
prior permission of the court.
With these observations the bail application moved on behalf of
applicant/accused Parveen Aggarwal is disposed off.
Copy of this order be given dasti to Ld.counsel for
applicant/accused.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
04.01.2023
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