Mukesh Kumar vs State (GNCT of Delhi) - 2023 Supreme(Del) 1199

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1199

AMIT MAHAJAN
Mukesh Kumar – Appellant
Versus
State (GNCT of Delhi) – Respondent

Advocates appeared:
Mr. Gautam Sharma, Advocate, for the Applicant.
Ms. Priyanka Dalal, APP for the State alongwith Inspector Ravi Kumar, PS Alipur.
Mr. Mohit Mathur, Senior Advocate with Mr. Narender Mann for complainant.

JUDGMENT

Amit Mahajan, J.

1. The present bail application has been filed under Section 438 Cr.P.C. on behalf of the applicant praying, inter alia, for the grant of pre-arrest bail in FIR No. 187/2022 dated 15.03.2022 registered under Sections 420 and 406 of the Indian Penal Code, 1860 ("IPC") at Police Station Alipur, New Delhi, submitting to the effect that he has been falsely implicated in the instant case and has no role concerning the allegations in the FIR.

2. The FIR was registered on 15.03.2022 subsequent to filing of a complaint under Section 200 of Cr.P.C, alleging that the complainant has been duped for a sum of Rs. 4.5 lakhs by the present applicant.

3. It was alleged that the present applicant came in contact with the complainant with the oblique motive to dishonestly deceive him, following the assurances and the promise to procure the job of a lab assistant since the complainant failed to pass the Service Selection Board exam and sought help from the applicant. In lieu of the aforesaid, the applicant demanded a sum of Rs 5 lakhs and settled for Rs 4.5 lakhs, which was given to the applicant on 05.09.2021. The said promise was not fulfilled by the applicant and, there