The court established that bail is the rule and imprisonment before trial is the exception; seriousness of charges and severity of punishment are critical in bail considerations.

JUDGMENT

Anu Malhotra, J. The applicant, vide the present application under Section 439 of the Cr.P.C., 1973 seeks the grant of regular bail in relation to FIR No.103/2021, PS EOW under Sections 420/120B/34 of the Indian Penal Code, 1860 submitting to the effect that he is incarcerated since 07.03.2021 and that he has no role whatsoever to play in the instant case and that there is no evidence that has been collected by the Investigating Agency even in the charge sheet that has been submitted.

2. As per the prosecution version put forth through the status report dated 24.09.2021 submitted under the signatures of the Asst. Commissioner of Police, Sec-IV/EOW/New Delhi, the FIR No.103/2021, PS EOW under Sections 420/120B/34 of the Indian Penal Code, 1860 was registered on the complaint of one Sh. Jitender, who alleged that in the month of January, 2021, he learnt that one company namely, YOYO Cabs Corporation, with its office at 1006, GDITL, Netaji Subhash Place, Delhi was attaching the commercial Cabs with itself and paying high returns and on 09.01.2021, the complainant visited the office of above company and got attached his commercial CAB No. HR-38-AB-6370, Swift Dezire, with this company and paid Rs.17,500/- to the Orient Bell Marketing (OPC) Pvt. Ltd. about which he, the complainant, Jitender was informed that the said company is the mother company of YOYO Cabs.

3. It is further stated through the said status report dated 24.09.2021 that thereafter, the complainant was provided a GPS and Carrier from YO-YO Cabs and the complainant was instructed not to run his car elsewhere and he would be provided tour booking by YO-YO Cabs office for inside and outside Delhi. It is stated further through this status report that on 11.01.2021, the Yo-Yo Cabs Corporation entered into an agreement with him for three years and assured Rs.60,000/- per month i.e. Rs.15,000/- for driver, Rs.5000/- for maintenance and Rs.40,000/- as vehicle rent which would be paid to him after the completion of one month, but the company did not pay any amount.

4. It is further stated through the said status report dated 24.09.2021 that the complainant had also issued a cheque of Orient Bell Marketing (OPC) Pvt. Ltd. company of INDUSIND Bank amounting Rs.32,440/- with the same having been signed by one Mr. Om Prakash Rajput. It is further stated through the status report that when the complainant presented the cheque to the bank, the same was returned back with the remarks that the `signature differs' and later, on 05.03.2021, the complainant learnt that Yo-Yo cab Corporation Company owners had closed their offices and fled away. It is further stated through the status report dated 24.09.2021 that the enquiry conducted at the local police station had revealed that several other innocent cab owners/drivers had also been cheated in similar manner and that more than 55 victims/complainants had given their complaints in the police station and that the present case was registered and two of the accused persons namely, Devender Kumar and Om Prakash were arrested on 07.03.2021 and sent to judicial custody.

5. As per the said status report, the case was then transferred to the EOW for further investigation and during the course of investigation, production warrant was issued by the learned Trial Court and both the ac