Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Case No.1277/2021 FIR No.91/2018 PS EOW
State vs Bhupender Acharya U/s 420/406/120B IPC
19.06.2021
The present proceedings have been conducted through Video Conferencing vide
order No.56/RG/DHC/2021 dated 08.05.2021 passed by Hon’ble High Court of
Delhi.
Present: Sh. Irfan Ahmad, Ld. Addl. PP for the State.
Sh. R. K. Wadhwa, Ld. counsel for applicant/accused.
IO/Inspector Raj Kumar Pal is present.
This is an application under Section 439 Cr.P.C. seeking grant of bail
moved on behalf of applicant/accused Bhupender Acharya. It is submitted that a false,
malicious and fictitious case was registered at the instance of the Complainants against
the Applicant/Accused as the Applicant/Accused had provided all the necessary
material and equipment to the Complainants as well as recruited, trained and engaged
the necessary manpower for the Complainants. The Applicant/Accused had also made a
whatsapp group along with the Complainants to update them about the daily workings,
plans and updates of the applicant company. It is further submitted that complainant
along with his associate joined the Accused Company as advisory board member and
vice president of the Accused Company in order to learn and understand the
copyrighted techniques and business model and further incorporate them in their new
business venture which would have the same business model as the Accused Company.
This is apparent from the fact that Mr. Deepak Bhardawaj along with other
Complainants started a company named M/s. Lohex Brain Wings, which had a similar
business model as the Accused Company. It is argued that the complainants did not
furnish the account of business to the accused company and entered into agreement
with accused company with a view to get knowledge and technique to start a similar
company on the same pattern. It is further submitted that the Applicant/Accused is in
Judicial Custody for more than 2 years and since the chargesheet stands filed, the
Applicant/Accused deserves to be granted bail. It is forcefully argued that that since
the chargesheet has already been filed and the investigation has been concluded, hence
it would be unjust and inequitable to disallow the present bail application as the
Accused/Applicant has no means of influencing or interfering in the present
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matter/investigation either at the present stage or at any subsequent stage. It is
submitted that due to the Covid19, the entire process has already been delayed for
more than two years and the concerning trial will not be expedited in a speedy manner
since there are 24 witnesses which have to be examined and further since the
investigation qua the other coaccused persons is still pending. It is further submitted
that the Supreme Court has directed the states to examine the release of inmates,
convicted or facing trial in nonserious charges from jails to stop overcrowding and
further prevent spread of Covid19 in prisons. It is further submitted that the High
Powered Committee of the Delhi High Court on 04.05.2021 discussed and deliberated
that a certain class/category of Prisoners can be considered for bail in lieu of the surge
of Covid19 cases which included, inter alia, Under Trial Prisoners (UTP’s) who are
facing trial in a case which prescribes a maximum sentence of 7 years or less wherein
the Accused is in custody for a period of 15 days or more. It is further submitted that
the present matter is one of civil nature and instead of treating it as such, the
Complainants in connivance with the police officials have given it a criminal overtone
and are coercing the Applicant and others to falsely admit guilt. It is submitted that
while considering the current situation of Courts and there being no likelihood of
commencement and conclusion of trial within the near future, it will not be just and
proper to subject the Applicant/Accused to pretrial conviction, which is discouraged
by the courts. Ld. counsel for applicant/accused has submitted that accused has no
criminal antecedents and he has been falsely implicated in the present case and he is in
custody since 18.03.2019. It is thus submitted that applicant deserves to be released on
bail.
IO/Inspector Raj Kumar Pal has filed his report opposing the bail
application on account of huge money cheated by the accused.
Ld. Addl. PP for the State also strongly opposed the bail application.
I have heard the Ld. counsel for applicant/accused and perused the
report filed by the IO.
The applicant/accused is reported to be the kingpin of a crime syndicate involved in
cheating numerous victims on the pretext of assuring them handsome returns. The total
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cheated amount is reported to be more than 3 crores. The applicant/accused is reported
to be Nepal resident and the coaccused persons are still at large. Considering the
seriousness of allegations and fact that the applicant is at flight risk, I do not find any
merits in the bail application.
In view of above discussion, bail application of accused Bhupender
Acharya is dismissed.
Copy of order be given dasti and be uploaded on website.
(Dharmender Rana)
ASJ02, NDD/PHC
New Delhi/19.06.21
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