ABHIJEET MISHRA vs THE STATE (GOVT. OF NCT) DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 07.04.2025 Pronounced on: 15th April,2025 + BAIL APPLN. 3388/2024 ABHIJEET MISHRA .....Petitioner Through: Mr. Ramanuj Sharma, Mr. Rahul Kashyap & Mr. Hardik Yadv,Advs versus THE STATE (GOVT. OF NCT) DELHI & ANR. .....Respondents Through: Mr. Aman Usman, APP for State with SI Suraj PS Hauz Khas. Mr. Prabhat Kumar, Adv for complainant. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is an application under Section 483 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail to the applicant/accused-Abhijeet Mishra in FIR 202/2023 under Section 419/420/406/467/468/471/34 IPC P.S.Hauz Khas. 2. Learned counsel for the petitioner has submitted that the complainant and the accused were having financial dealings since 2017 but the charge sheet only contains bank statements from March Bail Appln. 3388/2024 Page 1 of 5 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:15.04.2025 14:40:42 2022 to July 2023. It is stated that the transactions in the ledger span from April 2021 to March 2022. The complainant had voluntarily made ample payments to the co-accused Ankita Tiwari and also received repayments in installments. It is submitted that the ledger account statement of the co-accused Ankita Tiwari shows that between 01.04.2021, 31.03.2022, the applicant received an amount of Rs.13.32 crores from the complainant while Rs.13.56 crores was duly returned, and therefore, this negates any fraudulent intent on the part of the applicant/accused. 3. It has been submitted that no transaction has been made in the applicant’s name, there are no signatures of the applicant on the alleged forged documents and there was never any malafide intent to deceit