2023 Supreme(Del) 4324

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J.
Kavi Arora – Appellant
Versus
State – Respondent
Bail Appln. 1059 of 2022 & Cr.M.A. 6244 of 2022
Decided On : 02-06-2023

Headnote:

The court granted bail to the applicant, who was accused of criminal conspiracy, cheating, and forgery in connection with a financial fraud case involving Religare Finvest Limited (RFL). The court considered the gravity of the offenses, the applicant's role in the alleged conspiracy, the stage of the investigation, the nature of the evidence, and the applicant's personal circumstances. The court also took into account the fact that other co-accused persons had been granted bail and that the applicant had not attempted to influence witnesses or tamper with evidence while on interim bail.

Fact of the Case:

The applicant was arrested on 10.10.2019 and was released on interim bail on 14.01.2021. While on interim bail, the applicant moved an application for regular bail and the interim bail granted to him was extended till 01.03.2021. On 09.04.2021, the learned ASJ passed an order to the effect that the application under Section 439 will be heard only if the applicant surrenders. The said order was challenged before this Court in W.P.(CRL.) 834/2021 and was set aside on 13.04.2021. His interim bail was extended till 16.04.2021. Thereafter, the interim bail granted to the applicant was extended till 16.07.2021 by a full bench of this Court vide order dated 20.04.2021. In view of the aforesaid order of the full bench, the learned ASJ extended interim bail till 16.07.2021 vide order dated 22.04.2021. The said order of the learned ASJ dated 22.04.2021 was challenged by the complainant company and the challenge was dismissed. Thereafter, it was submitted that the application for regular bail moved on behalf of the applicant was pending and the interim bail granted to him was extended from time to time. Finally, on 02.04.2022, the learned ASJ, while dismissing the application for regular bail, directed the latter to surrender on or before 06.04.2022. The present application was filed and vide an order dated 05.04.2022, a coordinate bench extended the interim bail granted to the applicant. The said order was never challenged by the State or the complainant company and the applicant continues to remain in interim bail.

Finding of the Court:

The court found that the applicant was not required by the Investigating Officer for any further investigation as he was not served with any notice to join the investigation from the date on which he was sent to judicial custody, i.e., 14.10.2019 till the date of filing of the supplementary chargesheet on 15.12.2021. The court also found that the applicant had not attempted to influence witnesses or tamper with evidence while on interim bail and that he had complied with all the conditions imposed on him by the court.

Issues: 1. Whether the applicant should be granted regular bail.2. Whether the gravity of the offenses is a factor to be considered in granting bail.3. Whether the stage of the investigation is a factor to be considered in granting bail.4. Whether the nature of the evidence is a factor to be considered in granting bail.5. Whether the applicant's personal circumstances are a factor to be considered in granting bail.

Ratio Decidendi: The court held that the gravity of the offenses is a factor to be considered in granting bail, but it is not the only factor. The court also held that the stage of the investigation, the nature of the evidence, and the applicant's personal circumstances are all factors to be considered in granting bail. The court further held that the applicant had not attempted to influence witnesses or tamper with evidence while on interim bail and that he had complied with all the conditions imposed on him by the court. The court therefore granted the applicant regular bail.

Final Decision: The court granted the applicant regular bail upon his furnishing a fresh personal bond in the sum of Rs. 10,00,000/-alongwith two sureties of like amount to the satisfaction of the learned Trial Court/Link Court, further subject to the following conditions: i. The memo of parties shows that the applicant is residing at 356, Escape Nirvana Country, Sector 50, Gurugram, Haryana -122018. In case of any change of address, the applicant is directed to inform the same to the Investigating Officer. ii. The applicant shall not leave India without the prior permission of the learned Trial Court. iii. The applicant is directed to give all his mobile numbers to the Investigating Officer and keep them operational at all times. iv. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. v. In case it is established that the applicant tried to tamper with the evidence, the bail granted to the applicant shall stand cancelled forthwith.