Final Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF ASJ/SPECIAL JUDGE/NDPS
PATIALA HOUSE COURTS, NEW DELHI
Presided by: Sudhir Kumar Sirohi, DHJS
Bail Application No. 688/2024
FIR No. 10/2024
PS Cyber, South West, Delhi
State Vs. Gaurav Chanyal
21.05.2024
Present: Sh. Ravindra Kumar, Ld. Additional PP for the State.
Mr Rahul Gautam, Ld counsel for
applicant/accused Gaurav Chanyal.
Complainant Delfine Lovelina through VC.
IO of the case in person.
IO identifies the complainant through VC.
Ld counsel for accused submits that accused has
been falsely implicated in this matter and accused was holder of
account from which the amount was withdrawn by co accused
Iqbal Singh and co accused Iqbal Singh who has already been
granted bail vide order dated 13.05.2024 as the matter was settled
by the accused Iqbal Singh with complainant and Iqbal Singh has
paid the settlement amount of Rs 8.35 lacs to the complainant
and the complainant does not have any objection also as the
matter has already been settled with the complainant by accused
Gaurav Chanyal, the accused is in custody since 03.04.2024,
therefore, bail may be granted to accused.
Ld Addl. PP for the State and IO on the other hand
opposed the bail application and submitted that complainant was
cheated of Rs 26,45,949/-, this amount was transferred into
various accounts and out of one of that account, the co accused
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Iqbal Singh withdrew the amount of Rs 8,31,500/- and the same
amount was in the name of applicant/accused, the investigation
of the matter is going on, co accused are to be apprehended.
The complainant submits that she does not have any
objection, if the bail is granted to accused as co accused Iqbal
Singh has paid the amount of Rs 8,35,000/- to her and the present
applicant/accused is the account holder of the account from
which the amount was withdrawn by co accused Iqbal Singh.
Submissions of all parties be taken on record.
The allegations against accused is that the account
was in the name of applicant/accused from which the amount of
Rs 8,31,500/- was withdrawn from the cheated amount by co
accused Iqbal Singh, the amount of Rs 8,35,000/- has already
been paid by the co accused Iqbal Singh to the complainant, the
complainant has not objected to bail of accused. The PC remand
of accused is over, the accused is ready to cooperate in the
investigation, therefore, when the accused is no more required for
further custodial interrogation and accused is not involved in any
other matter, accordingly, accused/applicant Gaurav Chanyal be
released on bail on his furnishing personal bond and surety bond
in the sum of Rs. 50,000/- with one surety in the like amount to
the satisfaction of Ld. MM/Link MM/Duty MM subject to the
following conditions:-
1. The accused will report before IO in the PS concerned on first
Monday every month.
2. The phone number will be provided by the accused to the IO
and live location will be shared by the accused at every time to
the IO.
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3. The mobile phone of accused should not be switched off at any
point of time.
4. Accused will not try to influence prosecution witnesses and
complainant in any manner whatsoever.
5. Accused shall not commit any offence whatsoever and in the
event of there being any FIR/DD entry/complaint lodged against
the accused/applicant, it would be open to the State to seek
cancellation of bail of the accused/applicant.
Application is disposed of accordingly.
Copy of the order be given dasti as well as sent to
accused in jail.
(Sudhir Kumar Sirohi)
Bail Roster Judge/ASJ/Spl. Judge, NDPS
N. Delhi/21.05.2024
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