Heard Sri Anoop Trivedi learned counsel for applicant, Sri Syed Ali Murtaza Advocate appearing for first informant and learned A.G.A. for the State.
The applicant is alleged to have misappropriated huge amount of money relating to sale of cars. Submission of learned counsel is that transaction is one incurring risk of aggressive marketing. First information report against seven persons has been registered who were working with Rohan Motors Ltd. which is a Ltd. company and deals with sale of cars manufactured by Maruti Suzuki India Ltd. Rohan Motors Ltd. is an authorized dealer and it has a number of showrooms and workshops. Allegation relates to one of showrooms situated at 63-A Udyog Vihar, Greater NOIDA. Co- accused Vipin Sharma is Vice President Operation of the said establishment. Applicant along with others are said to be salesmen and belong to officer team.
Learned counsel for applicant has placed the entire F.I.R. and laid emphasis on the concluding part of the report wherein accused Vipin Sharma is described as prime accused and other accused are said to be involved in criminal act and are beneficiary.
First submission on behalf of applicant is that prime accused Vipin Sharma has already been allowed bail by this Court vide order dated 19.5.2010 in criminal misc. bail application no.8287 of 2010 only after he made an offer that he would deposit a sum of Rs.13,00,000/- with the court below. Similar offer was given by another co-accused Shishir Gupta who has been allowed bail by this Court vide order dated 19.5.2010 in criminal misc. bail application no.7898 of 2010 subject to certain other conditions. Both bail orders are produced before this Court.
Learned counsel appearing for first informant as well as learned A.G.A. has placed extract of case diary in support of their arguments that purchasers of cars have given statement before Investigating Officer substantiating that forged D.O. letters were prepared by the accused. A number of statements of such purchasers are placed before me as well as letters issued by Magma Fincorp Ltd. denying that they have financed vehicles to the respective registered owners namely V.K. Sharma, Naresh Kumar, Jeetan, Subhash Chand, Gyanendra Bhardwaj, Makshood Ahmed and Arbindra Kumar. Letter has also been issued to R.T.O. New Delhi cancelling their no objection and hypothecation endorsement.
On a close perusal of letters issued by finance company unequivocally stating that it had not financed purchasers of vehicles but withdrawal of hypothecation on registration certificate of vehicles as well as no objection evidently substantiate that N.O.C. was issued by Axix Bank and hypothecation of cars was made, which was subsequently withdrawn.
I have carefully considered first information report, statements and letters issued by finance company to R.T.O. New Delhi. Learned counsel for first informant emphasizes that if applicant also deposits the same amount, he can be granted an order of release on the ground of parity. According to prosecution, approximately an amount of Rs.85,00,000/- has to be recovered. Evidently, Vipin Sharma is a prime accused on own showing of the prosecution, he has already been released on bail, stringent condition has been laid down on his movement. Offences alleged are triable by the court of Magistrate. So far D.O. letters which are said to be forged, have to be ascertained during the trial on the basis of evidence.
Sri Anoop Trivedi, Advodate, appearing for applicant has stated that applicant who is only salesman cannot afford the amount deposited by other co-accused.
After considering arguments of respective parties as well as documentary evidence, I am of the view that applicant is also entitled to be released on bail on furnishing heavy sureties. Bail application is allowed subject to an undertaking filed by applicant before Chief Judicial Magistrate concerned with an unequivocal assertion that he will fulfill following conditions:-
(a) The applicant shall not tamper with evidence or intimidate the witnesses.
(b) The applicant shall appear in the first week of every month before C.J.M. concerned.
(c) The applicant shall co-operate in the trial pending before Sessions Judge concerned.
(d) The applicant shall further not leave station except with the permission of the court.
Let applicant Sanjeev Kumar Chaurasiya son of Sri Munni Lal Chaurasiya involved in case crime no.11 of 2010 under Sections 420, 406, 467, 468, 471 I.P.C. Police Station Surajpur, District Gautam Budh Nagar, be released on bail on his executing a personal bond and furnishing two sureties of Rs.1,50,000/- (Rupees one lakh fifty thousand) each in the like amount to the satisfaction of the court concerned.
Order Date :- 16.6.2010 rkg