MANJIT SINGH @ MANJEET SINGH @GULAB SHERA vs STATE NCT OF DELHI

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.04.2025
+ BAIL APPLN. 903/2025
MANJIT SINGH @ MANJEET SINGH @GULAB SHERA
…..Petitioner
Through: Mr. Nirmalpreet Singh Hira, Advocate
versus
STATE NCT OF DELHI …..Respondent
Through: Ms. Manjeet Arya, APP for State with SI Rohit and Inspector Pramod, PS AATS/OND
Dr. S.S. Hooda, Advocate for complainant de facto

CORAM: JUSTICE GIRISH KATHPALIA

J U D G M E N T (ORAL)

1. The accused/applicant seeks regular bail in case FIR No.0455/2024 of PS Badli for offence under Section 419/420/34/120B of IPC. Status report is submitted by learned APP and the same is accepted across the board, to be scanned and made part of the file. I have heard learned counsel for accused/applicant as well as learned APP and also learned counsel for complainant de facto.

2. Broadly speaking, the case set up by prosecution is that one Gaurav duped the complainant de facto, inducing him to pay Rs. 2,00,000/- and 2.164 kg of gold articles, assuring him a Congress party ticket for the Lok Sabha Elections. According to prosecution, three persons namely Gaurav, Gurpal and Manjit (accused/applicant) were involved in the cheating. Gurpal has been released on bail. Gaurav is yet to be arrested and has been declared Proclaimed Offender. The accused/applicant is in custody for past 10 months.

3. Learned counsel for accused/applicant submits that the only role ascribed to him is that he was driver of a taxi, engaged by Gaurav, at whose directions, the accused/applicant collected the bag of cash from the complainant de facto. Role ascribed to Gurpal is that he is owner of the said taxi.

4. Learned APP submits that since Gaurav is absconding and has been declared Proclaimed Offender, granting bail to the accused/applicant would hamper efforts to arrest Gaurav.

5. Learned counsel for complainant de facto submits that the accused/applicant can get Gaurav arrested. Further, learned counsel for complainant de facto discloses that Gaurav is involved in a number of cases of similar cheating, including few cases registered recently in Bihar.

6. So far as possibility of the accused/applicant getting Gaurav arrested, that can occur once he is out of jail and is bound by condition to join investigation as and when directed. But looking into the overall allegation and role ascribed to the accused/applicant, I do not find it necessary to further deprive him of liberty. Besides, even as regards arrest of Gaurav, he was declared Proclaimed Offender on 04.12.2024 according to the IO. But thereafter, no serious effort seems to have been done by police to arrest Gaurav. It seems that the supervision over the investigation needs to be more diligent.

7. Therefore, the application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Trial Court. The accused/applicant shall join investigation as and when called in writing by the IO.

8. The accused/applicant shall not contact any of the prosecution witnesses, failing which consequences shall follow.

9. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

GIRISH KATHPALIA
(JUDGE)
APRIL 2, 2025/as

BAIL APPLN. 903/2025 Page 1 of 3 pages