Delhi High Court
Daya Shanhar Mishra vs State on 22 August, 2023
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1964/2022
DAYA SHANHAR MISHRA ..... Petitioner
Through: Mr.Rakesh Kumar Singh, Mr.Rajan
Kumar Singh, Mr.Rajeev and
Mr.Ashok Anand, Advocates
versus
STATE ..... Respondent
Through: Mr.Hemant Mehla, APP for the state
with Mr.Dipanshu Meena, Advocate
Insp.Anand Pratap, PS EOW
% Date of Decision: 22.08.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. This is an application filed under Section 438 r/w Section 482 Cr.P.C.
seeking anticipatory bail in case FIR No.76/2021 registered under
Section 420/406/467/468/471/120B IPC registered at PS EOW, Mandir
Marg.
2. Briefly stated, facts of the present case are that FIR was registered on
the complaint of Ravindra Pratap Singh, Authorized representative of
M/s Waves Bio fuels India Pvt Ltd. & Director of M/s Trimurti Exim
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:24.08.2023
16:20:41
Pvt. Ltd. wherein he alleged that the present applicant along with two
other co-accused persons namely Piyush Bandopadhyay and Shweta
Shrout who have misrepresented themselves and made him believed
that they are head of 'Make in India' Project and induced him to invest
32cr. to get the work done and therefore FIR No. 76/2021 was
registered. However, it emerged out that the present applicant was also
an actual sufferer, and not the part of the conspiracy and in lieu of the
aforesaid facts, present FIR No. 76/2021 was filed.
3. Learned counsel for the petitioner submits that on the first date i.e.
01.07.2022, the petitioner was granted interim protection and the same
is continued till date. Learned counsel for the petitioner submits that till
date, the petitioner has not misused the interim protection and has been
regularly attending the investigation.
4. Learned APP, on instruction of the IO, states that the petitioner has
been joining the investigation and the investigation is almost complete
and charge sheet is likely to be filed within a month. It is also a matter
of record that at no point of time IO has taken any step for arrest of the
petitioner or his custodial interrogation.
5. Learned counsel for the petitioner has also invited the attention of the
court to the compromise deed dated 06.11.2020 entered between the
petitioner and complainant whereby it has been stated by the
complainant that infact the petitioner never misrepresented himself to
be close associate of a senior officer working in PMO. Learned counsel
for the petitioner has also stated that the co-accused Piyush Gopal
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Digitally Signed By:RAJ
BALA
Signing Date:24.08.2023
16:20:41
Bandhopadhyay has been admitted to interim bail by this court.
6. Since, now the investigation is complete and the petitioner has joined
the investigation, without going into the merits of the case, the
petitioner be admitted to anticipatory bail on furnishing a personal bond
of Rs.50,000/- with one surety of the like amount subject to the
satisfaction of the IO/learned trial court, subject to the following
conditions:
a) the petitioner shall cooperate and join the investigation as and when
directed;
b) the petitioner shall not leave NCR without prior permission of the
concerned Court.
c) the petitioner shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case;
d) the petitioner shall provide his/her mobile number(s) to the
Investigating Officer;
e) f) in case of change of residential address and/or mobile number, the
petitioner shall intimate the same to the Investigating Officer/ Court
concerned by way of an affidavit.
7. With the above directions, the petition stands disposed of.
DINESH KUMAR SHARMA, J
AUGUST 22, 2023
rb
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:24.08.2023
16:20:41
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:24.08.2023
16:20:41
