Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: BAIL APPLICATION NO. 1975/2024
NIKUNJ ASHVINBHAI MAKWANA
VS.
THE STATE GOVT OF NCT OF DELHI
FIR NO. 23/2024
PS CYBER NEW DELHI
u/S. 420/419/120B IPC
04.01.2025
This is the application for regular bail filed on behalf of
applicant / accused Nikunj Ashvinbhai Makwana.
Present: Sh. Vikas, Ld. Addl. PP for the State.
Sh. Sandeep Mishra alongwith Sh. Surbhit Nandan,
Ld. Defence Counsels for applicant / accused.
It is submitted by the Ld. Defence Counsel that present FIR is
based on completely false, fabricated and concocted story. The
applicant has been falsely implicated in the present case. He has no
previous involvement. The investigation qua him is already complete
and charge-sheet has been filed by the concerned IO, hence, the
apprehension of tampering with the evidence / witness is remote. It is
submitted that the applicant is in custody since 28.09.2024. The co-
accused Chetan Singh Ranawat who is having similar role has already
been released on bail, hence, the applicant is also entitled for bail on
the ground of parity. He is ready to abide by any condition imposed by
the court. It is prayed that he be released on bail.
...contd.
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Per contra, the application is vehemently opposed by the Ld.
Addl. PP for the State on the ground that there are serious allegations
against the applicant. It is prayed that the application be dismissed.
Heard, ld. Addl. PP for the State and ld. defence counsel and
perused the report of the IO. As per report of the IO, the account in
which the money was received is in the name of the present applicant,
however, the phone number which was registered in the said account
is of co-accused Chetan Singh. It is further stated that as per the call
records, both the applicant and co-accused Chetan stayed at
Chittorgarh during the span of crime i.e. of operation of bank account
in the month of February 2024. I have perused the order dated
16.11.2024 whereby the co-accused Chetan has been released on bail.
Considering the nature of allegations; that the applicant is in JC
since 28.09.2024; he has no previous involvement; co-accused Chetan
Singh Ranawat whose mobile phone was registered in the account has
already been released on bail, hence, the applicant is entitled for bail
on the ground of parity also. Let the applicant Nikunj Ashvinbhai
Makwana be released on bail on furnishing PB/SB in the sum of
Rs. 50,000/- to the satisfaction of Ld. CJM/Link JMFC/ Duty
JMFC and further subject to following conditions :
...contd.
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1. The applicant shall intimate the Court by way of an affidavit
and to the Investigating Office regarding any change in
residential address.
2. The applicant shall appear as and when the matter is taken up
for hearing.
3. The applicant is directed to give his mobile number to the
Investigating Officer and keep it operational at all times.
4. The applicant shall not, directly or indirectly, tamper with
evidence or try to influence the witnesses in any manner.
Nothing stated herein above shall tantamount as an expression
of opinion on the merits of the case. The copy of the order be given
dasti to the ld. counsel for accused / applicant and one copy of the
order be sent to concerned Jail Superintendent.
Application is disposed of accordingly.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/04.01.2025
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