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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Mithun Bhatnagar – Appellant
Versus
State (GNCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. allegations of fraud and cheating. (Para 1 , 2 , 3 , 4) |
| 2. petitioner’s fight for bail. (Para 5 , 6) |
| 3. state’s arguments against bail. (Para 7 , 8) |
| 4. criteria for granting bail. (Para 10 , 11 , 12) |
| 5. conditions for bail granted to the petitioner. (Para 14 , 15 , 16 , 17) |
JUDGMENT
Subramonium Prasad, J. The petitioner has filed the instant petitions under Section 439 Cr.P.C seeking bail in FIR No.45/2020 dated 19.07.2020, registered at Police Station Connaught Place for offences under Sections 420 /468/471/120B IPC and FIR No.46/2020 dated 20.07.2020, registered at Police Station Connaught Place for offences under Sections 420 /468/471/120B IPC.
2. The allegation in the FIR No.45/2020 is that the complainant is a registered government licensed electrical contractor. It is stated that in the year 1996, the complainant had applied for an industrial plot with DSIDC (Delhi State Industrial Development Corporation) now known as DSIIDC (Delhi State Infrastructure Industries Development Corporation) under relocation scheme under the name of M/s D. K. Traders. It is stated that application No. 54114 was allotted to the complainant, however the said application/plot was canc
Bail can be granted under stringent conditions, even for serious economic offenses, once investigations are complete and there's no necessity for further custody.
Point of law : Fact as to whether the petitioner can be convicted for an offence under Section 467 IPC with the aid of Section 120B IPC will be decided only at the time of trial, after evidence is le....
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
The court may grant bail considering the nature of the accusation, severity of punishment, risk of witness tampering, and evidence available, balancing personal liberty and public interest.
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 balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
The court emphasized the balance between individual liberty and the interest of society in deciding bail applications, considering the nature and seriousness of economic offences and their impact on ....
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