Raj K P Sinha v. State (Govt. of NCT of Delhi)

TALWANT SINGH, J OCTOBER 12, 2022/mr Click here to check corrigendum, if any

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 12.10.2022 + BAIL APPLN. 561/2022 RAJ K P SINHA ..... Petitioner Through: Mr. Bijender Chahar, Senior Advocate with Ms. Shashi Bhushan, Ms. Jyoti Chahar and Mr. Karan Chahar, Advocates. versus STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. N.S.Bajwa, APP for State. SI Inderveer Singh, PS Laxmi Nagar. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. This is an application for regular bail moved on behalf of the applicant, who is an accused in case FIR No. 13/2020 under Section 406/420/34 Indian Penal Code, 1860, registered with PS Laxmi Nagar on 08.01.2020. 2. Petitioner is in judicial custody since 24.08.2021. The allegations in the FIR have been detailed that a staff member of 'The Scouts/Guides Organisation' took Rs. 70,000/- from the complainant for getting him employment on 12.04.2019 and thereafter the complainant had talked to him on many occasions. On 05.08.2019 complainant went to the office of the Director and asked for his money. He also handed over his bank account details and a cancelled cheque and it was promised that the money would be returned to him after 60 days but till 23.11.2019 nothing was refunded. The petitioner is Director of the Scouts/Guides Organisation. 2.1 The office of The Scouts/Guides Organisation was found closed on 23.12.2019. The FIR was registered with the remarks that there were two more complainants, one of them is Mr. Ashutosh Tiwari and the other is Mr. Gaurav. 2.2 It has been submitted on behalf of the applicant that he has not been named in the FIR and there is no allegation against him. The FIR was registered almost after eights months of the alleged incident of taking money and the prayer made by the complainant was just for refund of his money from Divesh, which is a sole dispute. There is no allegation to say that Mr. Divesh has represented to the complainant and he has been authorised by the present applicant or The Scouts/Guides Organisation to ask for money on the pretext of offering the job. The act of taking money by Divesh is an independent act. 2.3 The present applicant was arrested after 1½ years of registration of FIR on 24.08.2021. The bail application under Section 437 Cr.P.C. was rejected by learned Metropolitan Magistrate, District East, Karkardooma on the grounds that there have been several other similar complaints alleging cheating upon false promises of providing jobs; the organisation is not affiliated or registered with the concerned Ministry and considering the gravity and seriousness of the offence and investigation being at initial stages, hence the bail was rejected. 2.4 Another bail application was preferred before the learned Addl. Sessions Judge. The said bail application was dismissed on 30.09.2021 by observing that the applicant has been previously involved in several other cases of similar nature. On 19.10.2021 final report under Section 173 Cr.P.C. (charge-sheet) was filed in which it is stated that as per the statement of accused Divesh recorded under Section 161 Cr.P.C. he had taken money from others on asking by the present petitioner and Ms. Anita Sinha. After taking money from one Mahender Kumar Meena he gave it to Ms. Anita Sinha and he had asked the present petitioner to return the money but he did not return it. Complaints of other victims have been clubbed and their statements under Section 161 Cr.P.C. have also been recorded. The Scouts/Guides Organisation is not recognized by the Government and there have been other pending cases and moreover investigation was continuing in respect of other co-accused. 2.5 The applicant on 29.12.2021 moved another application for bail before learned Addl. Sessions Judge. This application was dismissed on 22.01.2022 observing that the allegations regarding cheating of several lakhs of rupees and fake appointment letters being issued without any authorisation from the Ministry of Youth Affairs and Sports. 2.6 It has been