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2021 Supreme(P&H) 432

SUDIP AHLUWALIA
Manish – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Vinod Ghai, Advocate, Kanika Ahuja, Advocate, Anmol Malik, Advocate, Ashwani, Advocate, Varun Sharma, Advocate

JUDGMENT

Sudip Ahluwalia, J. - This is a petition filed under Section 439 of the Code of Criminal Procedure by the petitioner, seeking regular bail in case FIR No.179, dated 22.10.2020, under Sections 408, 420, 467, 468, 471 and 120-B of the IPC, 1860 and Section 66-D of the Information Technology Act, 2008, registered at Police Station Cyber Crime, Gurugram.

2. The petitioner has remained in detention for almost five months, since 24.10.2020. After completion of investigation, Challan against him has already been submitted.

3. The petitioner's bail prayer is opposed on behalf of the State as well as the complainant by contending that the amount of money defrauded/wrongfully gained by the petitioner's Company is huge to the tune of about R15,40,00,000/- (Rupees Fifteen Crores and Forty Lacs Only). As such, the petitioner is not entitled to be released on bail at this stage.

4. From his side, Ld. Senior Counsel for the petitioner has relied upon the decision of the Ld. Apex Court passed in Criminal Appeal No.2178 of 2011 titled as "Sanjay Chandra Vs. CBI", decided on 23.11.2011, in which it was observed, inter alia:

    "14. In bail applications, generally, it has been laid down from the ea

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