Economic offences are considered the gravest offences against society and require different treatment in bail matters.

JUDGMENT

Anu Malhotra, J. The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.46/2019, PS EOW, New Delhi under Sections 406/420/467/468/471/120B of the Indian Penal Code, 1860 submitting to the effect that the applicant has been arrested on 04.02.2020 and the charge sheet in the instant case has already been filed on 11.11.2019 which had been filed without the arrest of the applicant and that on receipt of summons from the Trial Court, the applicant appeared before the learned ACMM, East District, KKD Courts, New Delhi and filed the first bail application which was dismissed by the learned ACMM erroneously and the applicant was taken into custody. The second bail application filed by the applicant was also dismissed by the learned ASJ vide order dated 12.02.2020 and that the prayer made by the applicant seeking interim bail on the account of his wife's illness was also dismissed on 15.04.2020 by the Court of the learned ASJ.

2. During the course of hearing of the present bail application, it was submitted on behalf of the applicant on 15.06.2020 that submissions made in CRL.M.(BAIL) 6446/2020 for the grant of interim bail may be read as additional grounds to the prayer made by the applicant seeking the grant of regular bail and may be considered at the stage of consideration of the main bail application in toto.

3. The status report dated 11.06.2020 submitted under the signatures of the Assistant Commissioner of Police, Sector-IV, EOW, Delhi states to the effect that a complaint of M/s Dalmia Cements Bharat Ltd. against M/s Allied Financial Services Pvt. Ltd. & Ors was received in EOW regarding fraudulent transfer of Mutual Funds Units/securities worth Rs.344.07 Crores of the complainant. It is submitted further through the said status report that the erstwhile subsidiaries of the complainant company namely OCL India Cements Ltd. and Dalmia Cement East Limited were interested in making mutual fund investments in May 2017 and availed the services of the Depository i.e. National Securities Depository Limited (NSDL) and its participant Allied Financial Services Pvt. Ltd. (AFSPL) and AOF were signed and demat accounts with client ID No. 10061626 in the name of OCL Cements Ltd. (OCL) and Client ID No. 10061329 in the name of Dalmia Cements East Ltd. (DCEL) were opened and after making initial investment, several further investments and redemptions were made in the said accounts from time to time and the complainant held securities worth Rs.344.07 Crores in the said accounts as on 28.12.18 and that the said two companies i.e. OCL and DCEL were merged into Dalmia Cements Bharat Ltd. (DCBL) and DCBL became the owner of securities.

4. It has further been submitted therein that the complainant submitted redemption dated 27.12.18 to AFSPL as per rules and market practice and the redemption value of the securities should have been credited into the account by 28.12.18 but despite various requests/emails, the redemption amount was not credited in the accounts and on 17.01.19, the complainant reported the matter to NSDL and the NSDL vide its reply dated 25.01.19 informed that there were no securities available in the DMAT accounts of the complainant.

5. Sh. Awanish Kumar Mishra, Director of AFSPL vide his email dated 31.01.19 again confirmed the complainant's holding in the above DMAT accounts and regretted delay in processing of redemption request and assured that the same would be processed by 06.02.19 and the Samples of Delivery Instruction Slips (DIS slips) provided by NSDL were also stated to be allegedly forged and fabricated, as the complainant never signed the DIS slips nor did it give any consent for transfer. The details of the alleged fraudulent transaction from the DEMAT accounts with Client ID No. 10061626 in the name of OCL Cement Limited {"OCL") and client ID No. 10061329 in the name of Dalmia Cement East Limited ("DCEL") held with Allied Financial Services Pvt Ltd. is stated i