Delhi High Court
Vivek Borar vs Serious Fraud Investigation ... on 19 July, 2023
$~2 & 3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3660/2022
VIVEK BORAR ..... Petitioner
Through: Mr. Vishal Gosain, Mr. Tejasva
Mehra, Mr. Chinmay Kanojia, Mr.
Anushka Baruah, Advs.
versus
SERIOUS FRAUD INVESTIGATION OFFICE ..... Respondent
Through: Mr. Anil Soni, CGSC with Mr.
Devvrat Yadavm, Mr. Arib Ansari,
Prosecutor, SFIO with Ms. Shivani
Sharma, Mr. Arjun Kohli and Ms.
Lkshita Singh, Advs.
+ BAIL APPLN. 3661/2022
VIKAS RAJ ..... Petitioner
Through: Mr. Vishal Gosain, Mr. Tejasva
Mehra, Mr. Chinmay Kanojia, Mr.
Anushka Baruah, Advs.
versus
SERIOUS FRAUD INVESTIGATION OFFICE ..... Respondent
Through: Mr. Anil Soni, CGSC with Mr.
Devvrat Yadavm, Mr. Arib Ansari,
Prosecutor, SFIO with Ms. Shivani
Sharma, Mr. Arjun Kohli and Ms.
Lkshita Singh, Advs.
% Date of Decision: 19th July,2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
BAIL APPLNs. 3660-61/2022 Page 1 of 3
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:24.07.2023
14:14:50
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. Learned counsel for the petitioners submits that in the present case,
SFIO initiated the investigation in 2016 and the complaint case titled
"Serious Fraud Investigation Office v. Comsic Structures Ltd. &
Ors" bearing CC No. CC/1313/2021 was filed before the learned
Additional Sessions Judge- 03, Special Judge (companies Act),
Dwarka, New Delhi in the year 2021.
2. Learned counsel for the petitioners submits that the petitioner was
never arrested during the course of the investigation. Learned counsel
for the petitioners submits that he would be satisfied if a direction is
given to the learned Trial Court to consider his application in
accordance with the law laid down in Satender Kumar Antil v.
Central Bureau of Investigation (2022) SCC OnLine SC 825 and
Deepak Jha v. State NCT of Delhi & Anr. by the Coordinate Bench
of this Court in CRL. M.A. 21757/2022 & Bail APPLN. 2633/2022
decided on 06.02.2023.
3. On behalf of SFIO, it has been submitted that the counter affidavit is
ready and they shall file the same. It has also been submitted that the
present case is very serious in nature and is required to be considered
from a different angle. Learned counsel for SFIO further submits that
they would be satisfied if the bail application is considered by the
learned Trial Court on merits and in accordance with the law.
4. In view of the submissions made by learned counsels for both the
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:24.07.2023
14:14:50
parties, let the application be moved for bail before the learned Trial
Court and the learned Trial Court is directed to consider and dispose
of the same as per law and the judgments passed by the Hon'ble
Supreme Court.
5. With these observations, both bail applications are disposed of.
However, no coercive actions shall be taken against the petitioners till
the bail applications are decided by the learned Trial Court. It is made
clear that this Court has not gone into the merits of the case and both
the parties may raise their rival contentions on merits before the
learned Trial Court.
DINESH KUMAR SHARMA, J
JULY 19, 2023/Pallavi
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:24.07.2023
14:14:50
