Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application No. 181/2021
State Vs. Devesh
FIR No. 681/2020
PS R K Puram
U/s 420/201/212/120B IPC
22.01.2021
Vide order nos.12732-12782/Judl./Prin.D&SJ/NDD/2020 dated 29.09.2020, 8336-8448/JUDL/D&SJ/PHC/NDD dt. 27.08.2020,
5837-5927/D&SJ/NDD/2020 dt. 30.05.2020 & 5931-6021/D&SJ/NDD/2020 dated 01.06.2020 of Ld. District & Sessions Judge,
Patiala House Court, New Delhi District, New Delhi, the undersigned has been deputed for duty today in pursuance to the
directions of Hon’ble High Court of Delhi vide order no.R-1347/DHC/2020 dated 29.05.2020 and in continuation of the previous
office order nos.4243-4333/D&SJ/NDD/2020 dated 01.04.2020, 4407-4426/D&SJ/NDD/2020 dated 10.04.2020, 4518-
4608/D&SJ/NDD/2020 dated 15.04.2020, 5111-5200/D&SJ/NDD/2020 dated 03.05.2020, 6364-6454/D&SJ/NDD/2020 dated
16.05.2020, 6326-6415/D& SJ/NDD/2020 dated 15.06.2020, 1977-2009/DHC/2020 dated 30.07.2020, 323-355/RG/DHC/2020
dated 15.08.2020, 419-451/RG/DHC/2020 dated 27.08.2020 & 417/DHC/2020 and e-mail dt.20.09.2020 of the Hon’ble High
Court of Delhi to combat the pandemic of Covid-19.
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State with IO SI Prabhat.
SHO Insp. Raman Kumar Singh, I/C Cyber Cell.
Sh. R. N. Mittal, Ld. Senior Advocate for applicant/accused through
VC.
Present is an application moved on behalf of applicant/accused
Devesh for grant of bail. It is submitted that applicant/accused is absolutely
innocent and infact, applicant/accused was involved in a perfect legal business
model wherein subscribers were required to invest money and they were duly
paid back. It is submitted that due to some technical glitch, website/app became
non-functional. It is submitted that despite the technical glitch, the
applicant/accused is ready and willing to repay all the subscribers the amount
invested by them. It is submitted that since there is no guilty intent on the part of
the applicant/accused, he deserves to be admitted on bail. It is submitted that the
co-accused persons have already been granted bail subject to the condition that
all the amount, as alleged to be duped by the prosecution, shall be duly
deposited with the Ld. Trial Court for its disbursement to the victims. It is
submitted that applicant/accused is in Dubai and due to the second wave of
Covid, he is not in a position to get back to Delhi. However, it is submitted that he
will join the investigation as and when it is directed. It is further submitted that
applicant/accused is ready and willing to deposit the entire amount.
At this juncture, it is submitted by Ld. Addl. PP that infact co-
accused persons have hoodwinked this court in procuring bail and not even a
single penny has been deposited till date. It is submitted that as on date, there
-- 1 of 2 --
-2-
are about 100 complaints and duped amount is around Rs.60.0 lacs.
Ld. counsel for applicant/accused submits that FDR in the sum of
Rs.34.0 lacs in the name of Ld. ACMM has already been got prepared and
applicant shall deposit the balance amount of Rs.26.0 lacs by way of FDR in the
name of Ld. Trial Court before the court concerned within a week.
At request, list the bail application for remaining arguments on
29.01.2021.
(Dharmender Rana)
ASJ-02, NDD/PHC/New Delhi
22.01.2021
-- 2 of 2 --