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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

%

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

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