Granting bail based on lack of specific allegations in the charge sheet and parity with the bail granted to main and other co-accused in similar cases.

JUDGMENT

Poonam A. Bamba, J. - Vide this petition under Section 439 read with Section 482 Cr.P.C, the petitioner/accused Mithun Bhatnagar has sought bail in case FIR no. 193/2020 dated 12.11.2020 under Sections 406/419/420/468/471/120 IPC, PS Econonic Offences Wing, (EOW).

2.0 It is submitted that the petitioner has been falsely implicated in the present case. He was not named in the FIR but was subsequently implicated on the basis of the disclosure statement of the co-accused Vikram Saxena, his brother-in-law. The petitioner was formally arrested on 13.03.2021, four months after the registration of the FIR, from Tihar Jail, where he was already lodged/in judicial custody in other two FIRs i.e. no. 45/2020 and 46/2020, PS Connaught Place, involving same allegations/transactions.

2.1 It is further submitted that the petitioner had nothing to do with the matter. Co-accused Vikram Saxena was the master mind behind the entire incident and had fabricated bank account in the name of Dev Sewa Income Development Company (DSIDC) and siphoned off huge amount of money to his personal account as well as to the account of M/s Dream Housing, owned by another co-accused Nikhil Arora, a chartered accountant, who played a crucial role in the entire incident.

2.2 It is also submitted that the petitioner has been implicated merely because he visited the bank, (where his wife is having a saving account) ; and on 18.11.2019, withdrew a sum of Rs. 7,00,000/- (Rs. Seven lacs only) vide self cheque bearing no. 459844 from the account of DSIDC at the request of his brother-in-law/co-accused Vikram Saxena. The petitioner never utilized a penny out of the said amount and had no role to play in the entire incident. There are no allegations of misuse of the said amount by the petitioner.

2.3 It is further submitted that charge sheet in the matter has been filed but there are no specific allegations against the petitioner except as have come in the disclosure statement of the co-accused Vikram Saxena to the effect that a person introduced as Mudit Kumar to various rejected applicants as an officer of DSIIDC, was actually Mithun Bhatnagar, the petitioner herein.

2.4 The petitioner has also submitted that in other two FIRs i.e.,no. 45 and 46 of 2020, PS Cannaught Place, this Court vide order dated 21.10.2021, has granted regular bail to the petitioner, while observing in para 13 that the co-accused Vikram Saxena is the king-pin of the entire episode.

2.5 It is also submitted that other co-accused Nikhil Arora, the Chartered Accountant, who played an important role, has also been granted regular bail by Ld. ASJ vide order dated 17.04.2021.(Annexure A-7). Further, even the master mind of the entire incident co-accused Vikram Saxena has been admitted to bail vide order dated 29.09.2021 in Bail application No. 1729/2021. Thus, the petitioner is also entitled to grant of bail on the ground of parity.

2.6 The petitioner has also submitted that he has no previous involvement in any case except his false implication in the case FIRs no. 45 and 46 of 2020, PS Conaught Place ; mere involvement in those cases can not come in the way of the petitioner and has placed reliance upon the order of this court in bail application no. 913/2020 dated 18.06.2020 in case titled as 'Navendu Babbar vs. State (GNCT of Delhi). It was submitted that in that case, the petitioner was granted bail despite involvement of the accused in five other cases.

2.7 It is also submitted that the petitioner is 39 years of age and is a practicing advocate at Saharanpur having Enrolment no. UPE05347/12. He is a family person and is the sole bread earner of his family consisting of his wife, two minor daughters aged about 2-1/2 years and 1-1/2 years, respectively and his aged and ailing parents, who are senior citizens. Thus, he has deep roots in society and there are no chances of his absconding.

3. Learned Additional Public Prosecutor strongly opposed this bail application. Vide status report dated 05.01.2022,