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ASHA MENON
Udipt Mani Jain – Appellant
Versus
State Nct of Delhi – Respondent
JUDGMENT :
Asha Menon, J.
1. These two bail applications under Section 438/439 of Cr.P.C. seeking bail have been moved by the accused in FIR No.261/2018 dated 20th December, 2018 registered under Sections 406/420 IPC by the Economic Offences Wing, Delhi.
2. Mr. Mohit Mathur, learned senior counsel for the applicants submitted that neither of the two applicants had been arrested in respect of the FIR and that they have duly participated in the investigations. It is further submitted that though the charge-sheet had been filed against the applicant/Manindra Jain, he had not been arrested, whereas the applicant/Udipt Mani Jain had been shown in Column No.12. Both accused were however summoned by the learned Chief Metropolitan Magistrate (for short ‘CMM’) vide order dated 20th December, 2021 directing their appearance on 16th February, 2022. Both the applicants appeared on that date and applied for regular bail. The learned CMM, while adjourning the hearing on the regular bail applications, granted interim bail to both the applicants, till these applications were disposed of.
3. The learned senior counsel submitted that the hearing on the regular bail applications was concluded on 9th Marc
The main legal point established in the judgment is that the purpose of the money transferred to the accused, as well as the absence of flight risk and fear of tampering with evidence, were crucial f....
The main legal point established in the judgment is the court's discretion in granting bail based on the absence of flight risk, the nature of the alleged offense, and the potential impact on trial p....
Bail granted in criminal cases must consider the seriousness of allegations and available evidence; however, re-evaluation of merits is impermissible in cancellation proceedings.
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
Bail may be cancelled only if subsequent evidence shows misconduct or supervening circumstances, not merely due to the seriousness of the charges; prior lawful consideration by lower courts is critic....
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
The court ruled that bail, while generally granted as a norm, may be revoked if serious allegations of fraud and potential flight risk arise, reflecting substantive judicial scrutiny of bail orders.
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