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TMI Blog2023 (2) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... present applicant and no useful purpose will be served by keeping the applicant in judicial custody any further. The applicant is admitted to bail upon his furnishing a personal bond in the sum of Rs. 1,00,000/- alongwith two sureties of the like amount to the satisfaction of the learned Trial Court/Link Court, further subject to the terms and conditions imposed - application allowed. - BAIL APPLN. 1329/2022 - - - Dated:- 8-2-2023 - HON'BLE MR. JUSTICE AMIT SHARMA For the Petitioner Through: Mr. Rajeev Mohan, Mr. Mudit Jain, Mr. Kunal Dewan, Ms. Aarohi Mikkilineni, Mr. Rishi Gupta and Mr. Mohit Joshi, Advocates. For the Respondent Through: Mr. Aman Usman, APP for State with Insp. B.M. Bahuguna, P.S. Economic Offence Wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t FIR was filed on 08.10.2021 and a supplementary chargesheet has also been filed before the learned trial Court on 25.03.2022. It is submitted that the investigation is complete and further custody of the applicant is not required for any purpose. It is further submitted that the evidence brought on record by way of the aforesaid chargesheets is documentary in nature. 5. Learned counsel for the applicant also seeks parity with co-accused Pulkit, who was granted bail by a coordinate bench of this Court vide order dated 12.04.2022, in BAIL APPLN. 21/2022. 6. Learned counsel for the applicant relies upon the following paragraphs of the aforesaid order, which are reproduced as under: 3. The chargesheet has since been filed on 08 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... criminal antecedents nor is there any material to suggest that he is a flight risk. The applicant has been in custody for a period of approximately nine months since 14.07.2021. The evidence in the present case is largely documentary, and has already been placed before the Trial Court. The chances of the applicant tampering with the evidence is therefore unlikely. 9. The seriousness of the offences alone is not conclusive of the applicant's entitlement to bail, as held by the Supreme Court inter alia in Sanjay Chandra vs. Central Bureau of Investigation (2012) 1 SCC 40 in the following terms: 23. Apart from the question of prevention being the object of refusal of bail, one must not lose sight of the fact that any imprison ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aluable right of liberty of an individual and the interest of the society in general. In our view, the reasoning adopted by the learned District Judge, which is affirmed by the High Court, in our opinion, is a denial of the whole basis of our system of law and normal rule of bail system. It transcends respect for the requirement that a man shall be considered innocent until he is found guilty. If such power is recognised, then it may lead to chaotic situation and would jeopardize the personal liberty of an individual. 7. Relying on the aforesaid observations made by coordinate bench of this Court, while granting the bail to the co-accused, Pulkit, it is urged that the present applicant is also similarly placed. 8. Per contra, learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Court, further subject to the following terms and conditions: i. The memo of parties shows that the applicant is residing at 138, 2nd Floor, Pocket E, Block-18, Sector 3, Rohini, Delhi. In case of any change of address, the applicant is directed to inform the same to the learned Trial Court and the Investigating Officer. ii. The applicant shall not leave India without the prior permission of the learned Trial Court. iii. The applicant is directed to give all his mobile numbers to the Investigating Officer and keep them operational at all times. iv. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witnesses in any manner. v. The applicant shall join the investigation, as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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