Back
POONAM A. BAMBA
Mithun Bhatnagar – Appellant
Versus
State – Respondent
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 acc
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.
Bail can be granted under stringent conditions, even for serious economic offenses, once investigations are complete and there's no necessity for further custody.
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
The severity of the offense, the nature of the materials relied upon by the prosecution, and the likelihood of the accused absconding are key considerations in determining bail applications.
The court balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
Point of law : Fact as to whether the petitioner can be convicted for an offence under Section 467 IPC with the aid of Section 120B IPC will be decided only at the time of trial, after evidence is le....
A bail application should be evaluated based on the merits of the case rather than solely on the accused's prior criminal record.
The court ruled that a bail application should be denied where serious allegations of economic fraud exist, especially when the applicant is a habitual offender and poses a risk of tampering with evi....
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
