The court ruled that mere allegations without direct evidence of cheated victims do not justify refusal of bail; the petitioner maintained clean antecedents and no risk of evidence tampering was present.

ORDER

Rajnish Bhatnagar, J. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. read with Section 482 Cr.P.C. seeking regular bail in case FIR No. 7/2021 under Sections 419/420/170/467/468/471/474 IPC registered at Police Station Crime branch.

2. Briefly stated, the facts of the case are that the present case was registered on the complaint of Dr. Praveen Kumar Reddy who alleged in his complaint that on 04-10-2020, he received a call from one Mr. Devender Mishra (petitioner herein) from Mobile No 7836045157 as identified by him and he also introduced himself as Doctor, with MD Pediatrician and DM Cardiology and he also told that he is a visiting faculty in AIIMS Cardiology and visiting faculty in the Army Hospital and also an advisor in Niti Ayog.

3. After introducing himself, he requested the complainant for a meeting at 422, R&R Hospital Officers mess, Delhi Cant. After a while, on 10-10-2020 around 16.30 hrs when the complainant met him at the said address, he found the name plate in front of guest's room as "Dr. Devender Niti Ayog". In the introduction, the petitioner/accused told the complainant that, he had contacts with all the senior officers of Army Medical Corps and senior bureaucrats of Defence Ministry and Raksha Mantri himself. He further said that he meets the minister on daily basis. He also told the complainant that in case anything is required in terms of promotion and posting, he can get it done after due consideration and deliberation. The complainant felt unusual with his behavior and got suspicions of his medical degrees and contacts, as he did not mention before meeting

4. The petitioner/accused also showed the complainant many photographs in his mobile phone with senior dignitaries of various organizations, senior bureaucrats, army officials etc. He was carrying another mobile No. "6261202272" and said it to be of Bhaiya Ji Joshi and said he has been in direct touch with Sh. Bhaiya Ji Joshi on daily basis. As per allegations the complainant felt that he was impersonating as a well connected senior doctor and was sure that he was using names of senior bureaucrat, political leaders and senior high profile social organization leader to cheat innocent people by corrupt means.

5. As per the Status Report, enquiry was conducted into the complaint and during the course of enquiry, CDRs of suspected Mobile No.7836045157 Vodafone/Idea and other relevant Mobile No.8839360090 JIO & 6261202272 JIO were collected and scrutinized. Mobile No.7836045157 Idea was found to be registered in the name of Dharmendra Tiwari S/o Sh. Sudarshan Tiwari R/o D-174, Gali No 5, Raj Nagar-II, Palam Colony, Near Mamta Bakery, New Delhi & Pipri School, Deotalab, Rewa, Madhya Pradesh whereas Mobile No.6261202272 JIO and Mobile No.8839360090 JIO were found registered in the name of Devendra Kumar Mishra S/o Sh. Ram Lal Mishra R/o Ward No.43, behind Chirahula Hanuman Mandir, Gopal Nagar, Huzur, Rewa Madhya Pradesh.

6. On 05.01.2021, secret information about the movements of the suspected person namely Devender Kumar Mishra (petitioner herein) in the locality of Panchkuiyan Road, Delhi was received in Cyber Cell, Crime Branch, Delhi vide DD No.06 dated 05-01 2021. Accordingly team comprising of Insp. Rajeev Kumar, Insp. Sandeep Malhotra and Ci Dinesh Kumar No.1407/Crime was constituted and at about 2-30 PM, a trap was laid near R. K. Ashram Metro Station Delhi. On 05.01 2021 at about 3:40 PM, petitioner Devender Kumar Mishra S/o Sh. Ram Lal Mishra was apprehended near Delhi Heart & Lungs institute, Udaseen Ashram Delhi on the basis of photographs available on CAFs of Mobile No 8839360090 JIO & 6261202272 JIO. For sustained interrogation,