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2023 Supreme(Del) 5445

VIKAS MAHAJAN
Navnath Sampat Pukale – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Sunil Dalal, Senior Advocate, Mr. Tushar Rohmetra, Mr. Manisha Saroha, Mr. Nikhil Beniwal, Mr. Mahabir Singh and Mr. Navish Bhati, Advocates, for the Petitioner.
Ms. Richa Dhawan, APP with SI Vikram Singh P.S. Karol Bagh Mr. Mohit Kapoor and Ms. Komal Shukla, Advocates, for Complainant with complainant in person.

JUDGMENT

Vikas Mahajan, J.

1. The present bail application has been filed under section 439 Cr.P.C. read with 482 Cr.P.C. seeking regular bail in FIR No. 209/2023 under section 408/411 IPC (Section 411 was added subsequently), registered at Police Station Karol Bagh, Delhi.

2. The FIR was registered on the basis of a complaint made by the complainant alleging that the petitioner and one person namely Dhanaji Maeitkari, have committed criminal act of cheating, criminal breach of trust, dishonestly receiving stolen property and criminal conspiracy. It is the case of the prosecution that the Petitioner herein approached the complainant for a job of artisan/karigar through one of his known persons and was working as an employee in his shop. On 31.01.2023 one customer came to the complainant's shop and ordered for purchase of 1kg brick of 24 carat gold, as the said stock was unavailable at that time with the complainant, the complainant approached one of his supplier namely Dhanaji Vitthal Jadav to supply the said gold brick and requested him telephonically to handover the same to his employee i.e., the Petitioner herein. Thereafter the Petitioner went to the supplier's shop, took the deli

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