2023 Supreme(Online)(Del) 24770
DELHI HIGH COURT
VIKAS PARAS @ ASHISH JAISWAL – Appellant
Versus
STATE NCT OF DELHI THROUGH SHO – Respondent
BAIL APPLN.-699/2023
NEUTRAL CITATION NO: 2023:DHC:3642
BAIL APPLN. 699/2023Page 1 of 6
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 09.05.2023
% Pronounced on : 24.05.2023
+
BAIL APPLN. 699/2023
VIKAS PARAS @ ASHISH JAISWAL
..... Petitioner
Through:
Mr. Uday Gupta, Mr. Hiresh Dasan,
Ms. Shivani M. Lal, Mr. M.K.
Tripathi and Ms. Preeti Chauhan,
Advocates.
versus
STATE NCT OF DELHI THROUGH SHO
....Respondent
Through: Mr. Amit Ahlawat, APP for the State
with Insp. Rajeev Bamal.
Mr. Ajai Kumar and Mr. Satyam
Singh, Advocates for complainant.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
RAJNISH BHATNAGAR, J.
1.
The present bail application has been filed by the petitioner
under Section 439 Cr.P.C. seeking regular bail in case FIR No. 92/2022
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:25.05.2023
14:58:28
Signature Not Verified
NEUTRAL CITATION NO: 2023:DHC:3642
BAIL APPLN. 699/2023Page 2 of 6
under Sections 419/420/467/468/471/34/120-B IPC registered at Police
Station Crime Branch.
2.
In brief, the facts of the case are that the present case was
registered on the complaint of Sh. Indra Kumar Roy Indresh, in which
he alleged that petitioner Ashish Jaiswal alongwith Rohan Singh and
Rohit cheated him to the tune of Rs. 20,00,000/- on the pretext of
admission of his son Shivam Roy in Maulana Azad Medical College
for MBBS course on the basis of Government Nominee Quota. The
complainant made all the payments in Account No. 418001000492,
ICICI Bank of petitioner. During investigation, the transactions of Rs.
20,00,000/- which were made by the complainant in the said account of
petitioner were found true.
3.
On 13.06.2022, on the basis of location of mobile number
7275620877 and photo, linked with the alleged bank account of
petitioner, the petitioner was traced and was apprehended. Three
different Aadhar Cards in the name of Ashish Jaiswal, Praveen Kumar
and Vikas Paras all having the same photo of the petitioner were
recovered from the possession of petitioner. Out of the recovered
Aadhar cards, one was used to open the alleged bank account in the
name of Ashish Jaiswal. PAN Card and Cheque book of alleged bank
account alongwith some other documents were also recovered from the
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:25.05.2023
14:58:28
Signature Not Verified
NEUTRAL CITATION NO: 2023:DHC:3642
BAIL APPLN. 699/2023Page 3 of 6
possession of petitioner. After interrogation, the petitioner was arrested
in the present case.
4.
During the police remand of the petitioner, complainant and his
son came in the office of Crime Branch and they identified the
petitioner as Rohan Singh, because he had met with them in the name
of Rohan Singh. Statements of the complainant and his son to this
effect were recorded U/s 161 Cr.P.C. During investigation, sections
419/467/468/471/120B IPC were added in the case. After the
completion of investigation, on 10.09.2022, charge sheet U/s
419/420/467/468/471/120B/34 IPC was filed against the petitioner.
5.
I have heard the Ld. counsel for the petitioner, Ld. APP for the
State assisted by the Ld. counsel for the complainant, perused the
Status Report filed by the State and also perused the records of this
case.
6.
It is submitted by the Ld. counsel for the petitioner that the
petitioner has been falsely implicated and the arrest has solely been
made on account that the complainant transferred a sum of Rs.
20,00,000/- in the bank account of the petitioner for getting the
admission of his son done in a medical college through management
quota and the said transaction is purely a money dispute between the
parties.
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:25.05.2023
14: