The main legal point established in the judgment is the need for a prima facie satisfaction of the court in support of the charge, the danger of the accused absconding or fleeing if released on bail, and the need to balance the constitutional rights and the larger interest of the public or the State.

JUDGMENT

Anup Jairam Bhambhani, J. - By way of the present application, the applicant, who is an undertrial in case FIR No.63/2020 dated 11.02.2020 registered under sections 420/467/468/471/511/120-B/34 IPC at PS: Karol Bagh, New Delhi, seeks regular bail.

2. Status report dated 24.07.2020 has been filed in the matter. Nominal roll dated 27.07.2020 has also been received from the Jail Superintendent.

3. Charge-Sheet dated 30.03.2020 is stated to have been filed in the matter on 04.04.2020.

4. There are 10 accused persons in the matter, the applicant being one of them. The FIR was registered on the complaint of one Rupesh Raushan, Chief Manager, Punjab National Bank (PNB), Gurudwara Road, Karol Bagh, New Delhi. The essence of the allegation is that two persons namely Abhishek Kumar and Ashok Panwar (the applicant) visited the PNB Branch on 10.02.2020 and deposited a fraudulently altered cheque of one M/s Everest Bank Ltd. in the amount of Rs.12 crores in the bank''s cheque deposit machine, in an attempt to transfer money to one M/s WJ Care Centre Trust. It is further alleged that thereafter the said persons again visited the bank on 11.02.2020 to enquire about the credit of the amount; whereupon, on being suspect, they were arrested on 11.02.2020 itself; the case was registered; and the applicant has been in judicial custody since 12.02.2020.

5. During the course of investigation, the names of 08 other accused persons, namely : Kamal Kesar, Kul Bhushan @ Sonu, Lokender Rao, Amit Markan, Jyotika Bhosle, Abdul Kadir, Sarwan Yadav and Prem Narayan Pandey came to be disclosed, all of whom were also subsequently arrested.

6. Mr. Rajesh Raina, learned counsel for the applicant submits that without entering into the factual controversy and the evidence, since the position is that charge-sheet in the matter has been filed; the allegation is of ''attempt'' to commit cheating, forgery and fabrication; allegations under sections 34 and 120-B IPC have also been made; co-accused Abdul Kadir, who is alleged to have been the ''originator'', from whom the allegedly forged cheque was recovered, has already been admitted to regular bail vid order dated 27.04.2020 by the learned Magistrate; and co-accused Kamal Kesar, Kul Bhushan and Amit Markan have also been granted interim bail; therefore no purpose will be served by keeping the applicant in custody; and on the foregoing grounds, including that of parity, the applicant also deserves to be enlarged on regular bail.

7. Mr. Raina further submits that though charge-sheet has been filed, by reason of the restricted functioning of courts due to the prevailing coronavirus pandemic, it is unlikely that trial will commence anytime soon.

8. Mr. Tarang Srivastava, learned APP for the State opposes grant of bail inter alia citing the high value of the cheque i.e. Rs.12 crores; and also arguing that applicant Ashok Panwar was one of the two accused who actually presented the cheque for encashment. Mr. Srivastava submits that it is necessary to detain the applicant in custody also to deter other people from committing similar offences, that is, to send a message that those involved in financial forgery and fraud will be dealt with strictly.

9. Status report dated 24.07.2020 inter alia reads as follows:

" Subsequently during the course of investigation it came to be known that the cheque with above mentioned details was exchanged between many accused persons and the same was given to accused Ashok Panwar and Abhishek by accused Kamal Kesar after obtaining from Lokender Rao and accused Kulbhusham suggested about accused Kamal Kesar for involving this crime for obtaining 10% commission each. Further after giving the same cheque to Kamal Kesar, Lokender Rao also sent the details of cheque to Kulbhushan through whatsup as compliance.

It is further submitted that this cheque was received by Kamal Kesar from Lokender Rao near GTB Nagar Metro Station. Hence on the same day with the help of mobile phones remaining 4