BAIL APPLN./36/2024 of NISHIT SINGH Vs STATE NCT OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 36/2024 & CRL.M.A. 261/2024 NISHIT SINGH ..... Petitioner

..... Petitioner

Through: Mr. N. Hariharan, Senior Advocate with Mr. Rishab Raj Jain, Mr. Harshal Arora, Mr. Sharique Hussain, Mr. Prateek Bhalla, Mr. Mueed Shah and Ms. Punya Rekha Angara, Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Through: Mr. Laksh Khanna, APP for State with Inspector Krishan Kumar, ACB.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRIO R R

07.02.2024

1. The present application has been filed under Section 438 read with Section 482 Cr.PC. seeking anticipatory bail in FIR No. 17/2023 registered under Section 7 of Prevention of Corruption Act, 1988 at P.S. Anti Corruption Branch, Delhi.

2. Mr. N. Hariharan, learned Senior Advocate for the petitioner/applicant states that the applicant was named as accused only on the basis of the disclosure statement of the co-accused, who has been arrested and released on regular bail. He further submits that the allegation is of demand of money whereafter trap was laid. The applicant’s name has only come in the disclosure statement of accused and there is no material on record to connect the applicant with the offence. Learned Senior Counsel further states that the applicant has already joined investigation in pursuance of directions passed by this Court on 04.01.2024.

3. Mr. Laksh Khanna, learned APP for State has opposed the bail application and states that though the applicant has joined the investigation however, he has not cooperated in the investigation. In his disclosure statement, the co-accused has stated that the demand was made and at the behest of the present applicant. He further submits that the mobile phone of the applicant has been sent to FSL only on 23.01.2024. He further states that the complainant had initially met the applicant who had asked the complainant to meet the co-accused. He further submits that the applicant has met the complainant in restaurant.

4. At this stage, learned Senior Counsel for the applicant states that the applicant had gone to inspect the property wherein on the ground floor there exists restaurant while the subject property is situated at the first floor. He further states that in fact the applicant had given report stating therein that no connection for electricity can be granted.

5. Keeping in view the aforesaid facts and circumstances and the fact that the applicant has joined the investigation in the present case, the interim protection granted to the applicant vide order dated 04.01.2024 is made absolute and it is directed that in the event of arrest, the applicant be released on bail subject to him furnishing personal bond in the sum of ₹25,000/- with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:-

(i) At the time of furnishing bail bond, the applicant shall

provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial. operational at all times during the pendency of the trial.

(ii) The applicant shall join the investigation as and when

asked for.

(iii) The applicant shall inform the concerned Investigating Officer about his current residential address.

(iv) In case of change of residential address/contact detail, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO.

(v) The applicant shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.

(vi) The applicant shall regularly appear before the trial

Court as and when the charge sheet is filed.

6. The application is disposed of in the above terms, along with pending application.

FEBRUARY 7, 2024/rd

MANOJ KUMAR OHRI, J