Bail.Appl.No.3180/2021 Page 1 of 23

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 06.12.2021

Date of decision: 22.03.2022

+

BAIL APPLN. 3180/2021 & CRL.M.(BAIL) 1498/2021

DEVENDER KUMAR

..... Petitioner

Through:

Ms.Ujala Vishnoi and Sh.Randeep

Singh, Advocates.

Versus

STATE OF DELHI

..... Respondent

Through:

Mr.Mukesh Kumar, APP for State.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1.

The applicant, vide the present application under Section 439 of

the Cr.P.C., 1973 seeks the grant of regular bail in relation to FIR

No.103/2021, PS EOW under Sections 420/120B/34 of the Indian

Penal Code, 1860 submitting to the effect that he is incarcerated since

07.03.2021 and that he has no role whatsoever to play in the instant

case and that there is no evidence that has been collected by the

Investigating Agency even in the charge sheet that has been submitted.

2.

As per the prosecution version put forth through the status

report dated 24.09.2021 submitted under the signatures of the Asst.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001108

Bail.Appl.No.3180/2021 Page 2 of 23

Commissioner of Police, Sec-IV/EOW/New Delhi, the FIR

No.103/2021, PS EOW under Sections 420/120B/34 of the Indian

Penal Code, 1860 was registered on the complaint of one Sh. Jitender,

who alleged that in the month of January, 2021, he learnt that one

company namely, YOYO Cabs Corporation, with its office at 1006,

GDITL, Netaji Subhash Place, Delhi was attaching the commercial

Cabs with itself and paying high returns and on 09.01.2021, the

complainant visited the office of above company and got attached his

commercial CAB No. HR-38-AB-6370, Swift Dezire, with this

company and paid Rs. 17,500/- to the Orient Bell Marketing (OPC)

Pvt. Ltd. about which he, the complainant, Jitender was informed that

the said company is the mother company of YOYO Cabs.

3.

It is further stated through the said status report dated

24.09.2021 that thereafter, the complainant was provided a GPS and

Carrier from YO-YO Cabs and the complainant was instructed not to

run his car elsewhere and he would be provided tour booking by YO-

YO Cabs office for inside and outside Delhi. It is stated further

through this status report that on 11.01.2021, the Yo-Yo Cabs

Corporation entered into an agreement with him for three years and

assured Rs. 60,000/- per month i.e. Rs. 15,000/- for driver, Rs. 5000/-

for maintenance and Rs. 40,000/- as vehicle rent which would be paid

to him after the completion of one month, but the company did not pay

any amount.

4.

It is further stated through the said status report dated

24.09.2021 that the complainant had also issued a cheque of Orient

Bell Marketing (OPC) Pvt. Ltd. company of INDUSIND Bank

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001108

Bail.Appl.No.3180/2021 Page 3 of 23

amounting Rs. 32,440/- with the same having been signed by one Mr.

Om Prakash Rajput. It is further stated through the status report that

when the complainant presented the cheque to the bank, the same was

returned back with the remarks that the 'signature differs' and later, on

05.03.2021, the complainant learnt that Yo-Yo cab Corporation

Company owners had closed their offices and fled away. It is further

stated through the status report dated 24.09.2021 that the enquiry

conducted at the local police station had revealed that several other

innocent cab owners/drivers had also been cheated in similar manner

and that more than 55 victims/complainants had given their

complaints in the police station and that the present case was

registered and two of the accus