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2021 Supreme(Del) 716

IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajnish Bhatnagar, J.
Devender Kumar Mishra - Petitioner
Versus
State - Respondent
Bail Appln. 2854 of 2021
Decided On : 16-12-2021

Advocate Appeared:
For the Petitioner:Mr. Maninder Singh, Sr. Advocate with Mr. Dinhar Takiar, Mr. Vikram Kalra and Mr. Harsh Vashisht, Advocates.
For the Respondent: Mr. Raghuvinder Varma, APP for the State with SI Ajay Kumar, Cyber Cell Crime Branch.

Point of Law : Petitioner has clean past antecedents. Therefore, in these circumstances, no useful purpose would be served by keeping the petitioner in J.C. The bail application is, therefore, allowed.

Headnote:

Criminal Procedure Code, 1973 - Sections 439 r/w 482 and 41 A - Indian Penal Code, 1860 - Sections 419/420/170/467/468/471/474 – Offence of Cheating - Forged and fabricated documents - Documentary evidence – Bail Application - Complaint of Dr. who alleged in his complaint that he received a call from petitioner herein as identified by him and he also introduced himself as Doctor, with MD Pediatrician and DM Cardiology and he also told that he is a visiting faculty in AIIMS Cardiology and visiting faculty in the Army Hospital and also an advisor in Niti Ayog - After introducing himself, he requested complainant for a meeting when complainant met him at said address, he found name plate in front of guest's room as “Dr Devender Niti Ayog”. In introduction, petitioner/accused told complainant that, he had contacts with all senior officers of Army Medical Corps and senior bureaucrats of Defence Ministry and Raksha Mantri himself. He further said that he meets the minister on daily basis. He also told complainant that in case anything is required in terms of promotion and posting, he can get it done after due consideration and deliberation.

Finding of the court : All the evidence is documentary in nature which has been seized and filed in the court alongwith the charge sheet, so there are no chances of tampering with the evidence. As per the prosecution, the petitioner has clean past antecedents. Therefore, in these circumstances, no useful purpose would be served by keeping the petitioner in J.C. The bail application is, therefore, allowed and the petitioner is admitted to bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount subject to satisfaction of the concerned Trial Court.

Result : Bail application allowed

ORDER :

Rajnish Bhatnagar, J.

1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. read with Section 482 Cr.P.C. seeking regular bail in case FIR No. 7/2021 under Sections 419/420/170/467/468/471/474 IPC registered at Police Station Crime branch.

2. Briefly stated, the facts of the case are that the present case was registered on the complaint of Dr. Praveen Kumar Reddy who alleged in his complaint that on 04-10-2020, he received a call from one Mr. Devender Mishra (petitioner herein) from Mobile No 7836045157 as identified by him and he also introduced himself as Doctor, with MD Pediatrician and DM Cardiology and he also told that he is a visiting faculty in AIIMS Cardiology and visiting faculty in the Army Hospital and also an advisor in Niti Ayog.

3. After introducing himself, he requested the complainant for a meeting at 422, R&R Hospital Officers mess, Delhi Cant. After a while, on 10-10-2020 around 16.30 hrs when the complainant met him at the said address, he found the name plate in front of guest's room as 'Dr Devender Niti Ayog". In the introduction, the petitioner/accused told the complainant that, he had contacts with all the senior officers of Army Medical Corps and senior bureaucrats of Defence Ministry and Raksha Mantri himself. He further said that he meets the minister on daily basis. He also told the complainant that in case anything is required in terms of promotion and posting, he can get it done after due consideration and deliberation. The complainant felt unusual with his behavior and got suspicions of his medical degrees and contacts, as he did not mention before meeting

4. The petitioner/accused also showed the complainant many photographs in his mobile phone with senior dignitaries of various organizations, senior bureaucrats, army officials etc. He was carrying another mobile No. "6261202272" and said it to be of Bhaiya Ji Joshi and said he has been in direct touch with Sh. Bhaiya Ji Joshi on daily basis. As per allegations the complainant felt that he was impersonating as a well connected senior doctor and was sure that he was using names of senior bureaucrat, political leaders and senior high profile social organization leader to cheat innocent people by corrupt means.

5. As per the Status Report, enquiry was conducted into the complaint and during the course of enquiry, CDRs of suspected Mobile No.7836045157 Vodafone/Idea and other relevant Mobile No.8839360090 JIO & 6261202272 JIO were collected and scrutinized. Mobile No.7836045157 Idea was found to be registered in the name of Dharmendra Tiwari S/o Sh. Sudarshan Tiwari R/o D-174, Gali No 5, Raj Nagar-II, Palam Colony, Near Mamta Bakery, New Delhi & Pipri School, Deotalab, Rewa, Madhya Pradesh whereas Mobile No.6261202272 JIO and Mobile No.8839360090 JIO were found registered in the name of Devendra Kumar Mishra S/o Sh. Ram Lal Mishra R/o Ward No.43, behind Chirahula Hanuman Mandir, Gopal Nagar, Huzur, Rewa Madhya Pradesh.

6. On 05.01.2021, secret information about the movements of the suspected person namely Devender Kumar Mishra (petitioner herein) in the locality of Panchkuiyan Road, Delhi was received in Cyber Cell, Crime Branch, Delhi vide DD No.06 dated 05-01 2021. Accordingly team comprising of Insp. Rajeev Kumar, Insp. Sandeep Malhotra and Ci Dinesh Kumar No.1407/Crime was constituted and at about 2-30 PM, a trap was laid near R. K. Ashram Metro Station Delhi. On 05.01 2021 at about 3:40 PM, petitioner Devender Kumar Mishra S/o Sh. Ram Lal Mishra was apprehended near Delhi Heart & Lungs institute, Udaseen Ashram Delhi on the basis of photographs available on CAFs of Mobile No 8839360090 JIO & 6261202272 JIO. For sustained interrogation, petitioner Devender Kumar Mishra along with his shoulder bag was taken to Cyber Cell Office, Kotwali Darya Ganj, Delhi where during the course of inquiry, he introduced himself as Devendra Kumar Mishra S/o Sh. Ram Lal Mishra R/o Ward No.43, behind Chirahula Hanuman Mandir, G

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