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RAJNISH BHATNAGAR
Sandeep Tilwani – Appellant
Versus
State of Nct – Respondent
ORDER
Rajnish Bhatnagar, J.
1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 220/20 under Section 420/406/467/468/471/474/120-B IPC registered at Police Station E.O.W.
2. In brief, the facts of the case are that the present case was registered on the complaint of Ms. Upma Sharma who is one of the directors of the company "Cargomasters Logistics Pvt. Ltd.", engaged in the business of freight forwarding and logistics services (International transportation). The complainant alleged that the present petitioner Sandeep Tilwani, is the director of "J Sai Kripa Import & Export Co. Ltd. which is also engaged in logistics services and he used to play the role as a middleman between importers and companies, which provides freight services. In 2018, petitioner assigned 74 bookings of 640 rice containers to the complainant company for freight services (transportation) to the tune of Rs. 11,20,00,000/-.
3. For gaining the confidence of the complainant, petitioner made initial payments to the complainant and after that he stopped the payment for freight services provided by the complainant company because of which c
The severity of the allegations, the modus operandi of the accused, and the principles laid down in previous judgments are crucial factors in determining the grant of bail.
The potentiality of an accused fleeing from justice should not unduly influence the decision on bail, and specific conditions for bail should be tailored to the circumstances of the case.
The change in circumstances, including the framing of charges and commencement of evidence recording, can influence the decision to grant bail.
Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evide....
Cooperation in the investigation and the absence of a need for custodial interrogation influenced the court's decision to grant anticipatory bail.
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