Final Order 6

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ADDITIONAL SESSIONS JUDGE-05, NDD/PHC, NEW DELHI.
Bail Applications no.1443/23 and 1780/23
FIR no.68/21; PS: EOW
U/s 406/420/120B IPC
State Vs. Dhirender Gaba and Naveen Gaba
12.03.2024
Present: Sh.Mukul Kumar, Ld. Addl. PP for the State.
Sh. Rajesh Tyagi, Sh. Kailash K. Ahuja, Sh. Tarang Agarwal and
Mr. Mriyank Kumar, Ld.counsel for the applicant/accused.
IO/Inspector Kishanvir Singh in person.
None for the complainant.
These are two separate bail applications moved on behalf of
applicants/accused person Dhirender Gaba and Naveen Gaba. The present
applications were moved with the prayer of interim bail. However, in view of
long pendency of bail applications and repeated extention of their bail
applications, it is prayed by Ld.counsel for the applicants/accused persons that in
view of MOU executed between the parties and investigation being complete,
the applicants/accused persons may kindly be granted regular bail.
On the other hand regular bail of the applicants/accused is strongly
opposed on behalf of state. It is argued that the applicant/accused persons have
cheated a huge amount in a pre planned conspiracy and the settlement can not be
ground for grant of regular bail.
I have considered the submissions made by Ld.counsel for the
applicant/accused and Ld. Addl. PP for the state and perused the entire material
on record.
In brief the allegations against the applicants/accused persons are
that they have induced/allured the victims/investors to invest money in their
company on the promise of high return. It is alleged that the different
Bail Application no. 1443/23 and 1780/23; FIR no.68/21: PS EOW
State Vs. Dhirender Gaba and Naveen Gaba
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complainants/investors(as per the details given in the reply filed by IO) have
invested total amount of Rs.3,72,00,000/- and from the said amount the accused
persons allegedly purchased shares in Sudarshan Chemical Industries Ltd. It is
alleged that the investment was made by the victims on the assurance of high
returns but they never received their invested amount.
The perusal of record reveals that the parties have entered into
settlement and a memorandum of understanding dated 02.08.2023. In view of
settlement and execution of MOU, the Ld. Bail Roster Judge vide order dated
19.08.2023 was pleased to grant interim bail for a period of two months to th e
applicant/accused Dhirender Gaba. The applicant/accused Naveen Gaba was
granted interim bail vide order dated 23.08.2023. The interim bail so granted to
both the applicants/accused persons was extended from time to time.
In the instant case the applicants/accused persons have been
granted interim bail on the basis of MOU dated 02.08.2023, which was
extended from time to time for compliance. The investigation qua the
applicants/accused is already complete and after completion of investigation
charge sheet has already been filed. In view of facts and circumstances of the
case, I am of the considered opinion that no useful purpose is going to be served
by sending the applicants/accused persons behind the bars. Both the
applicants/accused persons Dhirender Gaba and Naveen Gaba are admitted
to regular bail on their furnishing bail bond in the sum of Rs.30,000/- with
one surety (each) in the like amount to the satisfaction of Ld. Trial
Court/Ld.CMM/Ld.MM/Duty MM/Link MM and subject to the following
conditions:
(a) The applicant/accused persons shall ensure compliance of
MOU dated 02.08.2023 as per agreed terms of settlement;
Bail Application no. 1443/23 and 1780/23; FIR no.68/21: PS EOW
State Vs. Dhirender Gaba and Naveen Gaba
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(b)The applicants/accused persons shall furnish to the
Investigating Officer/ S.H.O., a cell phone number on which the
applicants/accused may be contacted at any time and shall ensure that the
number is kept active and switched-on at all times;
(c)The applicants/accused persons 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 applicants/accused persons shall not leave the country without prior
permission of the court concerned and shall surrender their passport with
Ld. Trial Court.
(d) The complainant(s)/state shall be at liberty to seek
cancellation of bail in case of violation of any terms and conditions of MOU
dated 02.08.2023.
With these observations the bail applications under Section 439 Cr.
PC moved on behalf of applicant/accused Dhirender Gaba and Naveen Gaba are
disposed off.
Copy of this order be given dasti to Ld. Counsel for
applicants/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 inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
12.03.2024
Bail Application no. 1443/23 and 1780/23; FIR no.68/21: PS EOW
State Vs. Dhirender Gaba and Naveen Gaba
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