Narender Kumar Jain vs The State Govt Of Nct Of Delhi
2018 Latest Caselaw 297 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                          Reserved on: 9th January, 2018
                                           Decided on: 11th January, 2018
+                       BAIL APPLN. 2547/2017
       NARENDER KUMAR JAIN                               .... Petitioner
                   Represented by:           Mr.Pradeep Jain with
                                             Mr.Rishab Nagar, Advocates
                            versus

    THE STATE GOVT OF NCT OF DELHI             .... Respondent

Represented by: Mr.Hirein Sharma, APP with Mr.Sanjay Sehrawat, Addl.DCP, Shahdara and Mr.Jasbir Singh, ACP, ISC/Crime Branch CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

1. By this petition the petitioner seeks anticipatory bail in case FIR No. 56/2017 under Sections 170 read with 120B IPC and Section 8 of the Prevention of Corruption Act, 1988 (in short 'PC Act') registered at PS Crime Branch wherein Sections 467/468/471/474/201 IPC were added later on.

2. In the above-noted FIR it is alleged that on 15th April, 2017 an information was received that one person namely Sukash @ Sukesh Chandrashekar, resident of Bengaluru along with one associate has checked into Hotel Hyatt Regency and was staying in room No.263. Sukesh was stated to be in constant touch with TTV Dinakaran, AIADMK Deputy General Secretary (Sasikala faction) regarding a pending matter before the Election Commission of India for dispute over party symbol. Acting on the information a raid was conducted and petitioner was apprehended with

₹1.30 crores in his room No.263.

3. During the course of investigation petitioner disclosed that TTV Dinakaran was desperate to acquire the legacy of Jayalalitha, former CM of Tamilnadu and get favourable order from Election Commission of India for two leaves election symbol. Thus he was searching for a suitable person to get the task done by any means and was ready to pay crores of rupees. TTV Dinakaran came in contact with Sukesh through his Advocate B. Kumar. Sukesh assured TTV Dinakaran about his good contact in the Election Commission of India and Union Law Ministry and assured that his work would be done and the matter pending adjudication for two leaves election symbol will be resolved in his favour. Sukesh was assured a sum of ₹50 crores in return for a favourable order. Accordingly ₹2 crores were sent from Chennai to Delhi and Sukesh received the same in two equal instalments from Naresh Singh and Lalit Kumar.

4. The role assigned to the petitioner in the above noted FIR is that on receiving ₹2 crores from one Danial he handed over the same to Jai Vikram Haran. The petitioner is not concerned with the offences punishable under Sections 419/420/467/468/471/474 IPC which relate to Sukesh Chandra Shekhar. As per the investigation the petitioner has not retained money but only acted as a carrier of the amount. The main accused TTV Dinakaran has since been released on bail and statement of Danial under Section 164 Cr.P.C. has since been recorded.

5. Since no recovery is required to be made from the petitioner, this Court deems it fit to grant him anticipatory bail. It is therefore, directed that in the event of arrest the petitioner be released on bail on his furnishing a personal bond in the sum of ₹50,000/- with one surety of the like amount,

subject to the satisfaction of the Arresting Officer/SHO concerned further subject to the condition that he will join the investigation as and when directed by the Investigating Officer and will not leave the country without prior permission of the Court concerned and in case of change of address the same will be intimated by way of an affidavit to the Court concerned.

6. Petition is disposed of.

(MUKTA GUPTA) JUDGE JANUARY 11, 2017 'vn'