Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Application no.856/24
FIR no.06/24: PS Cyber South West
State Vs. Rashid Khan
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ADDITIONAL SESSIONS JUDGE-05, NEW DELHI.
Bail Application no.856/24
FIR no.06/24: PS Cyber South West
Under Section: 419/420/120B IPC
State Vs. Rashid Khan
13.06.2024
Present: Sh.Ghanshyam, Ld. Addl. PP for the State.
Sh. G. S. Sharma and Sh. R. A. Sharma, Ld.counsel for the
applicant/accused.
Sh. Rahul Gautam, Ld.counsel for the complainant with
complainant Sharad Kapur in person.
This is the bail application under Section 439 Cr. PC moved on
behalf of applicant/accused Rashid Khan for grant of regular bail.
Reply to the bail application already filed.
Arguments heard. Record perused.
It is submitted by Ld.counsel for the applicant/accused that the
applicant/accused to show his bonafide, without prejudice to his rights and
contentions, for compensating the victim has already made the payment of Rs.6
lacs. That the applicant is not the prime beneficiary of the cheated money. That
the applicant/accused was arrested on 02.05.2024 and he has already undergone
custodial interrogation and no useful purpose is going to be served by keeping
the applicant/accused further in JC. It is prayed that the applicant may kindly be
enlarged on bail.
The complainant present in the court has affirmed the factum of
payment and states that he has no objection if the bail is granted to the
applicant/accused.
Statement of the complainant in this regard recorded separately.
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Bail Application no.856/24
FIR no.06/24: PS Cyber South West
State Vs. Rashid Khan
Bail application is strongly opposed on behalf of State.
In the present case the applicant/accused is alleged to be one of the
accused involved in the cheating the complainant worth Rs.44,45,436/- by
showing his false involvement in the criminal case. The applicant/accused is not
the prime beneficiary of the alleged cheated money. The applicant/accused was
arrested on 02.05.2024 and has already undergone custodial interrogation. The
applicant/accused without prejudice to his rights and contentions has also made
payment of Rs.6 lacs to the complainant/victim. In view of payment, the
complainant is also having no objection, if the bail is granted to the
applicant/accused. No further recovery is sought to be made from or at the
instance of the applicant/accused. In the present facts and circumstances, I am of
the considered opinion that no useful purpose is going to be served by keeping
the applicant/accused further in JC for indefinite period. The
applicant/accused Rashid Khan is admitted to bail on furnishing bail bond
in the sum of Rs.30,000/- with one surety in the like amount to the
satisfaction of Ld. CMM/Ld.MM/Ld.Duty MM/Link MM concerned and
subject to the following conditions:
(a) The applicant/accused shall furnish to the Investigating
Officer/ S.H.O., a cell phone number on which the applicant may be
contacted at any time and shall ensure that the number is kept active and
switched-on at all times;
(b) The applicant/accused shall not tamper with evidence nor
otherwise indulge in any act or omission that is unlawful or that would
prejudice the proceedings in the pending matter;
(c) The applicant/accused shall not leave the country without
prior permission of the court concerned.
Nothing expressed hereinabove shall tantamount to an
expression of opinion on the merits of the case.
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Bail Application no.856/24
FIR no.06/24: PS Cyber South West
State Vs. Rashid Khan
With these observations the bail applications moved on behalf
of applicant/accused Rashid Khan is disposed off.
Copy of this order be given dasti to Ld. Counsel for
applicants/accused persons 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 inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
PHC, New Delhi/13.06.2024
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