Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Application no. 503/23: FIR no.155/22: PS Parliament Street
State Vs. Nitin Sharma
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI
Bail Application no.503/23: FIR no.155/22: PS Parliament Street
Under Section:419/420/468/471/120B IPC
State Vs. Nitin Sharma @ Nitin Narayan
20.03.2023
Present: Sh.Mukul Kumar, Ld. Addl. PP for the State.
Complainant with counsel Sh. Arun Satija.
Sh. Jagdeep Vats, Sh. Akshat Sharma and Sh. P. C. Bhardwaj,
Ld.counsel for the applicant/accused Nitin Sharma @ Nitin
Narayan.
SI Raj Kiran and SI Anurag Chaudhary from PS Parliament Street.
This is the bail application under Section 439 Cr. PC moved on
behalf of applicant/accused namely Nitin Sharma @ Nitin Narayan.
Reply to the bail application by investigating officer filed.
Arguments at length advanced by Ld.counsel for the
applicant/accused and Ld. Addl. PP for the state assisted by Ld.counsel for the
complainant are heard. Record perused.
In the present the complainant is alleged to have been cheated on
the pretext of providing job in Ministry of Home Affairs. The accused persons
are alleged to have conducted fake interviews at ITC Maurya Hotel and fake
medical examination at AIIMS Hospital and thereafter issued fake appointment
letters to the complainant and his other relatives. The several documents
regarding appointment of the complainant and other victims were found to be
forged upon verification from the Ministry. The accused persons are alleged to
have cheated several victims and out of the cheated amount more than Rs.18 lacs
are reported to have received in the bank account of the applicant/accused Nitin
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Bail Application no. 503/23: FIR no.155/22: PS Parliament Street
State Vs. Nitin Sharma
Sharma.
It is submitted by Ld.Addl. PP for the state that the previous bail
application of the applicant/accused was dismissed vide detailed order dated
03.02.2023 and there are no change of circumstances, therefore, the present bail
application is not maintainable. That looking at the gravity of offence and the
role of the applicant/accused, bail application may kindly be dismissed.
On the other hand it is submitted by Ld.counsel for the
applicant/accused that after dismissal of previous bail application of the
applicant/accused charge sheet has already been filed. That the applicant/accused
is not required for custodial interrogation, therefore no useful purpose is going t
be served by keeping the applicant/accused further in JC. That there is no
apprehension of absconding of the applicant/accused and the applicant/accused
can not be put behind the bars for indefinite period. It is prayed that looking at
the period of custody and the fact that he is not required for custodial
interrogation, the applicant/accused may kindly be released on bail.
I have considered the submissions made by Ld. Addl. PP for the
state assisted by Ld. Counsel for the complainant and Ld.counsel for the
applicant/accused.
In the present case the applicant/accused is alleged to be running a
syndicate of providing fake job letters to the innocent job seekers/aspirants and
take money in lieu of the same. Multiple victims are stated to be cheated by the
applicant/accused and more complaints are stated to be received at PS
Parliament Street against the applicant/accused adopting the same modus
operandi. Co accused Rahul Kaushik is stated to be absconding. Previous bail
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Bail Application no. 503/23: FIR no.155/22: PS Parliament Street
State Vs. Nitin Sharma
application of the applicant/accused was dismissed vide detailed order dated
02.03.2023. Mere filing of the charge sheet does not entitle the applicant/accused
for bail. The allegations against the applicant/accused are grave and serious.
Investigation of the case is going on as the co-accused Rahul Kaushik is
absconding. All the victims are very well known to the applicant/accused and the
applicant/accused may threaten the victims, if enlarged on bail at this stage.
Looking at the nature and gravity of offence and role of the applicant/accused,
no ground for bail is made out. Hence, the bail application under Section 439 Cr.
PC moved on behalf of applicant/accused Nitin Sharma @ Nitin Naryan is
dismissed.
Copy of this order be given dasti to Ld. Counsel for
applicant/accused and in compliance of Sanjay Singh Vs. State (Govt. of NCT
of Delhi), Writ Petition Criminal no. 974/22, copy of this order be also sent to
the concerned Jail Superintendent to convey the order to the inmates.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
PHC, New Delhi/20.03.2023.
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