2023 Supreme(Online)(Del) 20127
BAIL APPLN. 1811/2023 Page 1 of 29
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on : 17.10.2023
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Judgment pronounced on: 29.11.2023
+ BAIL APPLN. 1811/2023
AVTAR SINGH KOCCHAR @ DOLLY
..... Petitioner
Through:
Mr. Vikas Pahwa, Sr.Adv. with
Mr.Mrinal
Bharti,
Mr.Manish
Shekhari,
ms.Sanjana
Srivastava,
ms.Nancy and Mr.Siddharth Singh,
advts.
versus
THE STATE OF NCT OF DELHI
..... Respondent
Through:
Ms.Anandita
Rao,
ASC
with
Mr.Akhand Pratap Singh, SPP,
Mr.Amit Peswani, Mr.Jasraj Singh,
advts.
ACP Virender Kadyan, Insp.Pradeep
Rai
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
Sl.No.
INDEX
Para Nos.
1.
FACTUAL MATRIX
1-7
2.
SUBMISSIONS ON BEHALF OF
PETITIONER
8-16
3.
SUBMISSIONS ON BEHALF OF
RESPONDENT/E.D.
17-28
4.
FINDINGS AND CONCLUSIOIN
29-46
Digitally Signed By:RAJ
BALA
Signing Date:29.11.2023
15:42:47
Signature Not Verified
BAIL APPLN. 1811/2023 Page 2 of 29
DINESH KUMAR SHARMA, J.
1. The present Bail Application has been filed under Section 439 of CrPC
r/w Sec. 21 (4) of MCOCA in FIR bearing no. 208/2021 registered at
Special
Cell
Police
Station
(Delhi)
under
Sections
170/186/386/388/419/420/406/409/468/471/353/506/120B of IPC and
Section 66D of IT Act and Section 3 & 4 of Maharashtra Control of
Organized Crime Act, 1999 [„MCOCA‟]. The bail application filed by
the petitioner in case titled “State v. Sukesh Chandrashekhar & ors'' was
dismissed vide order dated 08.07.2022 by Learned Additional Sessions
Judge
2. Briefly Stated facts of the case are:
i.
The present FIR has been registered on the basis of the complaint
of the Complainant Ms. Aditi Singh alleging therein that on
15.06.2023 she received a call from one landline number on her
mobile phone in which the caller introduced himself as a senior
officer in the Ministry of Law and proposed to help her in securing
bail for her husband who was running in Judicial Custody in cases
related to M/s Religare Enterprises Ltd. It is alleged that the said
caller demanded a sum of Rs.20 crores from the complainant for
getting the work done and conveyed the modalities regarding the
delivery of money. The caller further through his associates
extorted money from the complainant on multiple occasions. The
extorted money was to the tune of Rs.217 Crores.
Digitally Signed By:RAJ
BALA
Signing Date:29.11.2023
15:42:47
Signature Not Verified
BAIL APPLN. 1811/2023 Page 3 of 29
ii.
It is alleged upon conducting technical surveillance on the cell
phone used by said caller, the identity of the caller was found to be
Sukash Chander Shekhar, who was already lodged in Rohini Jail
as UTP in the case of allegedly taking money from AIADMK
leader TTV Dinakaran under the guise of assisting him in retaining
the 'two leaves' symbol for his party. Further, the complainant
alleged that she received a call demanding Rs 1 crore on August 7,
2021. Following receipt of this information, a trap was laid down,
and accused Pradeep Ramdanee who came in a Hyundai I-20 was
apprehended red-handed while receiving Rs 1 Crore from the
complainant. Accused Pradeep Ramdanee disclosed that he
collected the money on the instructions of his brother Deepak
Ramnani and at the instance of Pradeep Ramdanee, his brother
Deepak Ramnani was also arrested. Their interrogation led to the
mastermind Sukesh Chander Shekar who had roped both of them
to collect the extortion money from the complainant.
iii.
On the intervening night of 07/08.08.2021 raid was carried out by
Special Cell at Cell No. 204, Ward No. 3 of Jail No. 10, Rohini
Jail, and two mobile phones were recovered from the possession of
Sukesh Chander Sekhar. He was arrested in the present case.
Further, the interrogations of the accused led to the identification
of their associates and co-conspirators and each facilitator played a
different role thereby it was revealed that Avtar Singh Kochar has
played an important role as a Hawala Operator in running the
crime syndicate led by Sukash.
Digitally Signed By:RAJ
BALA
Signing Date:29.11.2023
15:42:47
Signature Not Verified
BAIL APPLN. 1811/2023 Page 4 of 29
iv.
During the investigation, it was further revealed that the accused/
applicant Avtar Singh Kochar, Hawala Operator, joined the
organized syndicate of crime led by Sukash and he knowingly
helped Sukash in running a crime syndicate inside Jail premises in
lieu of hefty commissions and without his help, the syndicate
could not have been able to achieve its goal. On 14.09.2021,
accused/applicant Avtar Singh Kochar@Dolly was brought to the
office of EOW by the team of Special Cell and was apprehended
from Panchkula.
3. During the investigation, the applicant/accused disclosed