Praveen Kumar Kommineni vs The State
2019 Latest Caselaw 1805 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 01.04.2019
+      BAIL APPLN. 2602/2018
PRAVEEN KUMAR KOMMINENI                                ..... Petitioner
                           versus
THE STATE                                              ..... Respondent
Advocates who appeared in this case:

For the Petitioner :       Mr. Yudhvir Singh Chauhan, Advocate.

For the Respondent:        Ms. Kusum Dhalla, APP for the State with
                           Insp.Ashwani Kr, EOW.

                           Mr. Neeraj Grover, Adv. for the Complainant

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No. No.600/2016 under Section 379/420/468/471/120-B IPC, Police Station Rajouri Garden (now investigation stands transferred to Police Station: Economic Offence Wing). Subsequently, Section 467 IPC has been added.

2. In the FIR the petitioner was not named and his name has surfaced subsequently. As per the complainant, the petitioner facilitated discounting of certain letters of credit which were opened by the co-accused in favour of the complainant by forging letter heads

and documents of the complainant and the company seal of the complainant.

3. Learned counsel for the petitioner submits that petitioner has been falsely implicated. He submits that petitioner bonafidely entered into all transactions. He further submits that petitioner is not the beneficiary of any amount from the respondent.

4. By order dated 13.11.2018, petitioner was granted interim protection subject to joining investigation.

5. Learned APP under instructions from the IO submits that the petitioner did join investigation and investigation qua the role of the petitioner is complete, however, investigation into other aspects is still underway.

6. Learned counsel for the petitioner submits that the petitioner would be willing to join investigation as and when so required by the IO.

7. Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances, I am satisfied that the petitioner has made out a case for grant of anticipatory bail.

8. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on petitioner furnishing a bail bond in the sum of Rs. 25,000/- with one

surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything that may prejudice either the trial or the prosecution witnesses. Petitioner shall continue to join investigation as and when so required by the IO.

9. The petition is allowed in the above terms.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J APRIL 01, 2019 rk