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. 749/2024
FIR No. 69/2023
PS Cyber Police Station, SW Distt., Safdarjung Enclave
U/s: 420 IPC
State Vs. Riyaj Ansari
31.05.2024
Present: Sh. S K Kain, Ld. Sub. Addl. PP for the State with
IO SI Love Deswal in person.
Sh Virender Kasana and Sh Purushendra Bhardwaj,
Ld counsels for applicant/accused Riyaj Ansari.
Complainant Mr Udayanath Sahoo in person.
Reply of the bail application has been filed. Copy
supplied.
Ld counsel for accused submits that the accused has
been falsely implicated in this matter and is in custody since
18.04.2024, there is no previous involvement/case against the
applicant. It is further argued by Ld counsel for accused that
applicant has settled the matter with the complainant and he is
ready to pay the DD of Rs 7,33,000/- to the complainant without
prejudice to his rights. It is further argued by Ld counsel for
accused that applicant has not been named in FIR and offence is
punishable in this matter upto 07 years of imprisonment, the
accounts in which the amount was transferred does not belongs
to applicant, therefore, applicant may be admitted to bail.
Ld Sub. Addl. PP and IO on another hand opposed
the bail application submitting that brother of applicant namely
Mukhtar Ansari has not joined the investigation and the
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complainant has been cheated of about Rs 7,33,000/- and by
technical surveillance, the applicant was apprehended.
Complainant submits that he has been received the
DD of Rs 7,33,000/- drawn on IDBI bank bearing no. 2545 dated
04.05.2024 in court and he does not have any objection if bail is
granted to accused. Acknowledgement of receiving DD is taken
on court file.
Submissions of all parties heard.
On specific enquriy from the IO, it has been
submitted by the IO that no other victim has come forward till
date against the applicant. There is no previous involvement of
applicant on record, complainant does not have any objection for
grant of bail, cheated amount has been secured as the DD has
been handed over to the complainant, offences are punishable
upto 07 years of imprisonment, accordingly, in these facts and
circumstances, accused/applicant Riyaj Ansari is admitted to bail
on furnishing of personal bond and surety bond in the sum of
Rs.50,000/- with one surety of 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.
3. The mobile phone of accused should not be switched off at any
point of time.
4. Accused will not involve himself in any criminal case during
the pendency of trial.
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5. In the event of there being any FIR/DD Entry/complaint
lodged against the applicant/accused it would be open to the
State to seek cancellation of bail of the accused.
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/31.05.2024
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