Neutral Citation Number: 2023:DHC:2436

BAIL APPLN. 3195/2022 Page 1 of 16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 06^th March, 2023

Pronounced on: 11^th April, 2023

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BAIL APPLN. 3195/2022

RIYAZUDDIN

..... Petitioner

Through:

Dr. Ashutosh, and Ms. Fathima,

Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr. Ritesh Kumar Bahri, APP

for the State with SI Rahul, PS

Spl. Cell

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

1.

By this petition, the petitioner seeks admission to statutory bail

under Section 167(2) r/w Section 439 and 482 Cr.P.C. in proceedings

arising out of FIR No. 228/2021, at PS Special Cell under Sections

489B, 489C, 120B IPC. As per the case of the prosecution, the said

FIR was registered on the basis of information received by the Special

Cell on 29^th August, 2021 wherein the petitioner was apprehended

along with fake Indian currency of Rs. 20,000/- in the denomination of

Rs. 2000/- and Rs. 500/- respectively. During his search, one original

Aadhaar Card having No. 4099 9764 2654 with particulars as

Riyazuddin s/o Zahooruddin r/o 2590, Sir Sayyed Ahmed Road,

Darya Ganj Delhi-110002 was recovered along with two mobile

phones, PAN card, driving license. During the search of his Honda

City car bearing No. DL 9CU 0473 at the spot one colored photocopy

Digitally Signed

By:MANISH KUMAR

Signing Date:11.04.2023

12:12:25

Signature Not Verified

Neutral Citation Number: 2023:DHC:2436

BAIL APPLN. 3195/2022 Page 2 of 16

of a forged Aadhaar card bearing No. 4382 3128 1964 having

photograph of the petitioner but with different details mentioning one

Rohit s/o Sunil r/o House No. 512, Laxmi Nagar Delhi was also

recovered. Later during the police remand, additional fake Indian

currency worth Rs. 5000/- was recovered at his instance from the

rented accommodation. It transpired that the petitioner was also

absconding in another case of fake Indian currency registered with

vide FIR No. 271/2021 under Sections 489B, 489C, 34 IPC at PS.

Jafrabad. Pursuant to the apprehension of the petitioner on 30^th August

2021, he was remanded to judicial custody on 4^th September 2021 and

since then has been in jail except for sometime in 2022 when he was

on interim bail on the ground of his wife suffering from brain tumor.

Upon completion of the investigation, charge-sheet was filed on 26^th

October, 2021. However, it was stated that further investigation was

still pending and upon completion of the investigation final charge

sheet would be filed under Section 173 (8) Cr.P.C.

2.

As per the first charge sheet, the learned Trial Court took

cognizance of offences punishable under Sections 471, 489B, 489C,

120B of the IPC. The petitioner's grievance is that till that time no

offence under Section 420 IPC was made out and on 18^th April 2022

when the learned Trial Court summoned the ACP in this regard on the

ground that having discovered the forged Aadhaar card on the basis of

which apparently a mobile phone had been procured by the petitioner

including room booked at the Noida International Hotel at Sector 11

Noida, it was discovered that no investigation had been done. It

further seemed to have been scuttled midway and a“half-baked charge

sheet has been filed”. When the ACP appeared on 19^th April 2022, he

made a categorical statement that further investigation was still

Digitally Signed

By:MANISH KUMAR

Signing Date:11.04.2023

12:12:25

Signature Not Verified

Neutral Citation Number: 2023:DHC:2436

BAIL APPLN. 3195/2022 Page 3 of 1