Delhi High Court
Pooja Soni vs The State on 29 January, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.01.2020
+ BAIL APPLN. 49/2020
POOJA SONI ..... Petitioner
Through: Mr. M. S. Khan, Mr. Qausar
Khan and Mr. Prashant
Prakash, Advocates.
versus
THE STATE OF DELHI ..... Respondent
Through: Mr Tarang Srivastava,
APP for State.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of an anticipatory bail
application filed on behalf of the petitioner Pooja Soni under section
438 Cr.P.C. in FIR No. 455/2019 u/s. 379/408/34/120-B/201 IPC,
P.S. DBG Road (Spl. Staff).
2. Ld. Counsel for the petitioner has prayed for anticipatory bail
on the ground that petitioner is innocent and falsely implicated in
the present FIR. According to the prosecution Bharat Nathmal Soni
(Husband of the petitioner) who was working as a branch manager
of HG Jewels used to take gold jewellery/ bullion items from head
office to branch office located at Chandni Chowk. It is alleged that
Bail Appl. no. 49/2020 Page no.1
Bharat took gold jewellery/bullion items from head office and not
deposited the said items in branch office. It is further alleged that
Ashish Soni (brother in law of Bharat Nathmal Soni) is also
involved in the commission of the above said offence as he had also
worked with HG Jewels in the past.
3. It is submitted that petitioner is married to Bharat Nathmal
Soni and is a house wife and she was not fully aware about the work
of her husband and not only this but her bank account was also used
to be operated/controlled by her husband Bharat Nathmal Soni.
4. It is submitted that the petitioner was present with the accused
as being his wife during the time of his arrest but not an accomplice
in the alleged offence. It is alleged that the co-accused Bharat
Nathmal purchased a Hyundai i-10 Car and one flat in the name of
mother of the petitioner but the petitioner was not at all aware about
the source of the money as her husband used to operate her account.
The petitioner is also not having any details of any transaction of
sale of flat as she was not at all aware about the same.
5. It is further submitted that the petitioner moved an anticipatory
bail application before the Ld. Session Court which was dismissed
on 18.12.2019. The petitioner is ready and willing to join the
investigation as and when directed or required and it is, therefore,
prayed that petitioner be granted anticipatory bail in the event of his
arrest.
6. The application is opposed by the Ld. APP for the State on
the ground that the allegations against the petitioner are serious in
nature. He submitted that alleged gold jewellery approximately
Bail Appl. no. 49/2020 Page no.2
25.731 kg has been sold and out of the sale proceedings a car
Hyundai i-20 bearing no. DL 7CQ 5974 and a flat situated in Madhu
Vihar has been purchased by the petitioner and her husband, co-
accused Bharat Nathmal Soni. As per the 'Statement of Bank
Account' of petitioner, the payment for the flat was made to Ms.
Babita Gupta, wife of the builder as well as to the builder Jitendra
Kumar Gupta from the account of the petitioner. 'Statement of Bank
Account' of petitioner Pooja further reveals that payment for
abovesaid Car i.e. i-20 bearing no. DL 7CQ 5974 was also made
from her account to Sunrise Autoworld Pvt. Ltd. Ld. APP further
submitted that recovery is yet to be effected from the petitioner and
other co-accused persons. He has, therefore prayed for dismissal of
the bail application.
7. I have considered the rival submissions. An FIR No 455/19
dated 06.08.2019 u/s 379 IPC, PS DBG Raod (Spl. Staff) was
registered by complainant Abhishek Saraf alleging that he is running
a company in the name of HG Jewels, head office at 258/2, New
Rohtak Road, Karol Bagh, Delhi.
8. One Bharat Nathmal Soni (husband of the present petitioner)
was working as Branch Manager of HG Jewels located at Chandni
Chowk. He used to carry Gold jewellry/bullion items from head
office, Karol Bagh to branch office in Chandni Chowk. However,
he did not deposit back the complete jewellry/Gold metal/cash in the
head office. When the matter came into knowledge of the
complainant he tried to contact the Bharat Nathmal Soni who had
not joined the office since 05.08.2019 and he had left without
Bail Appl. no. 49/2020 Page no.3
disclosing about his whereabouts. Mobile numbers of Bharat
Nathmal Soni and his wife Pooja Soni (petitioner) were found
switched off.
9. The allegations are that Bharat Nathmal Soni misappropriated
approximately 25.731 Kg Gold jewellry of HG Jewels. During the
investigation it was revealed that a huge amount i.e more than 27
lacs of cash was transferred to the account of Ms Pooja Soni (the
petitioner) from the account of alleged Bharat Nathmal Soni.
Further Ms. Pooja Soni transferred the amount in three different
Accounts.
10. It is further alleged that the gold jewellery which was
approximately 25.731 kg has been sold and out of the sale
proceedings a car Hyundai i-20 bearing no. DL 7CQ 5974 and a flat
situated in Madhu Vihar has been purchased by the petitioner and
her husband, co-accused Bharat Nathmal Soni. As per the statement
of account of petitioner, the payment for the flat was made to Ms.
Babita Gupta, wife of the builder and to the builder Jitendra Kumar
Gupta from the account of the petitioner. Statement of account of
petitioner Pooja further reveals that payment for abovesaid Car i.e.
Hyundai i-20 bearing no. DL 7CQ 5974 was also made from the
account of the petitioner to Sunrise Autoworld Pvt. Ltd.
11. On 25.09.2019, co-accused Bharat Nathmal Soni was arrested
and on disclosure and at his instance, cash worth Rs. 1,43,000/- and
some gold jewellry (i.e. 70 gms approx.) were recovered. He further
disclosed that some of gold jewellry articles are kept with his wife
Pooja Soni (petitioner), Sarwan (brother of petitioner) and his other
Bail Appl. no. 49/2020 Page no.4
relatives/known.
12. It is submitted that petitioner is not joining the investigation.
A notice U/s 41(1)(a) Cr.P.C. has been affixed on the door of her
rental accommodation at Delhi as well as Bheenmal, Distt. Jalaour,
Rajsthan but she did not join the investigation yet and is absconding.
Consequently, NBWs were issued against her by the concerned
Court for 06.02.2020.
13. In view of the above facts appearing on record and nature of
offence as well as the fact that huge amount of gold i.e.
approximately 25.731 kg has been misappropriated by the husband
of the petitioner and a sum of Rs. 27 Lacs was transferred by him in
the bank account of petitioner and out of which she has made
payment for purchasing i-20 Hyundai Car, which is yet to be
recovered as well as payment to the builders for purchasing flat and
the petitioner is not joining the investigation, no grounds for
anticipatory bail are made out. The anticipatory bail application is,
therefore, dismissed.
BRIJESH SETHI, J
JANUARY 29, 2020.
Amit
Bail Appl. no. 49/2020 Page no.5
