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RAJNISH BHATNAGAR
Vishal Gupta @ Vishal Mahajan – Appellant
Versus
State – Respondent
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 212/2022 under Sections 420/406/34/120B IPC registered at Police Station Lahori Gate, Delhi. As per the case of the prosecution, that complainant namely Mr. Raj Kamal Sharma, filed a complaint alleging he is engaged in business of dry fruits and having store in the name of Rajshree Trading Company situated at 437, 1st Floor, Gali Mandir Wali, Naya Bansh Khari Baoli, Delhi. It is further alleged that due to COVID 19 he was facing financial crunch and thereafter, consulting his business friend, got the phone number of a loan financer, namely Geetesh Jain based in Ahmadabad, Gujarat for the purpose of taking loan.
2. It is further alleged that on 14-15.10.2020 Geetesh Jain came to the office of the complainant at Khari Baoli and prepared a loan file, in which the complainant provided him ITR statement of 3 years, Bank Statement, Adhar Card, Pan Card. Thereafter, the said person Geetesh Jain expressed his possibility of providing loan to the tune of Rs.10 Crores. It is further alleged that in March 2021, again Geetesh Jain called the complainant and stat
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 court's decision emphasized the need to consider the specific circumstances of each case when granting bail, taking into account the nature of the offense, character of the evidence, and other re....
The change in circumstances, including the framing of charges and commencement of evidence recording, can influence the decision to grant bail.
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.
The court considered the period of incarceration and the nature of the charged offenses in granting bail to the petitioner.
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.
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