2022 (3) TMI 1457 - SCH - Indian Laws

Seeking grant of bail - petitioner is the master mind and cheated innocent people or not - offence under Sections 406, 419 420 467 468 and 471 IPC - HELD THAT - We are of the considered view that the petitioner is entitled to be released on bail as charges have been framed and there is no likelihood of the trial being completed soon. Also there is no dispute that the other accused have been released on bail. The apprehension of the prosecution about the petitioner fleeing from justice or making himself scarce during the course of trial can be taken care of by imposing conditions. We direct the release of the petitioner on bail subject to the satisfaction of the trial Court. In addition the petitioner is directed to deposit his passport and report to the Rani Bagh Police Station Delhi in the 1st week of every month. SLP disposed off.

Summary

Issues involved: Bail application in a criminal case involving multiple sections of the Indian Penal Code (IPC)

Analysis:
1. Petitioner's Bail Application Dismissal by High Court
The petitioner filed a special leave petition challenging the dismissal of their 3rd bail application by the High Court. The petitioner had surrendered in court and has been in jail since then, with the charge sheet filed on 06.10.2020. The petitioner's counsel argued that other co-accused have been granted bail, indicating a disparity in treatment.

2. Prosecution's Allegations and Concerns
The prosecution, represented by Dr. Monika Gusain, alleged that the petitioner was the mastermind behind cheating innocent people and had been absconding for a period. Concerns were raised about the possibility of the petitioner absconding or tampering with evidence if released on bail.

3. Court's Consideration and Decision
The court, after considering the arguments from both sides, held that since charges had been framed and the trial was unlikely to conclude promptly, the petitioner was entitled to bail. The court noted that conditions could be imposed to address the prosecution's apprehensions, such as depositing the passport and reporting to the police station monthly.

4. Bail Conditions and Prosecution's Rights
The court directed the release of the petitioner on bail, subject to the trial court's satisfaction. Additionally, the petitioner was instructed to deposit their passport and report to the police station regularly. The prosecution was granted the liberty to file an application for bail cancellation if the petitioner attempted to influence witnesses.

5. Disposition of the Special Leave Petition
The special leave petition was disposed of, and any pending applications were also considered disposed of. The judgment highlighted the importance of balancing the right to bail with the need to ensure the integrity of the trial process and prevent potential tampering with evidence or witness interference.