Mr. Karan Suneja and Ms. Manvi Khurana, Advocates v. STATE NCT OF DELHI Through SHO, Police Station Keshav Puram, Delhi

Judgment

1. Fifth Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) has been filed on behalf of the Petitioner/Applicant for grant of Bail in case FIR No.469/2023 under Section 406/420 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) registered at Police Station Keshav Puram, Delhi. 2. The Applicant has submitted in the Bail Application that he was arrested on 05.10.2023 and since then he is in Judicial Custody. He has clean antecedents and is a respectable person and law abiding citizen. He Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:05.03.2025 17:34:42 BAIL APPLN. 124/2025 Page 1 of 13 has not committed any offence and has been falsely implicated in this case. His Anticipatory Bail Application was dismissed by the Court of Learned ASJ vide Order dated 04.08.2023. 3. During the pendency of the Bail Application, Notice under Section 41A of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) was sent by the I.O, which was duly complied on various occasions and the Applicant joined investigations. 4. Thereafter, the Regular Bail Application was filed, but the same was dismissed on 13.10.2023. The learned Sessions Judge also dismissed his Regular Bail Application on 02.11.2023. He thereafter, filed another Application for Bail which was dismissed by learned M.M. on 16.02.2024 and also was dismissed by learned ASJ on 01.03.2024. The Application for Bail, thereafter was filed before this Court under Section 439 of Cr.P.C. but was withdrawn on 22.07.2024. 5. The Bail is sought on the ground of inordinate delay. Reliance has been placed on Arvind Kejriwal vs. CBI, Criminal appeal No.3816/2024, Manish Sisodia vs. ED SLP Criminal 8781/2024 and Paras Ram Vishnoi vs. The Director, CBI, Criminal Appeal 693/2021, wherein the Apex Court has held that long period of incarnation is a ground for bail as no useful purpose would be served. When the trial shall take time and the delay has not been contributed in any manner by the accused. 6. While the Chargesheet got filed in December, 2023, but the Charges have not yet been framed and the accused is not responsible in any manner for the delay. Reliance has also been placed on Mohd. Enamul Haque vs. Directorate of Enforcement, SLP (Crl.) NO.11129/2024, wherein also it was Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:05.03.2025 17:34:42 BAIL APPLN. 124/2025 Page 2 of 13 observed that where an Appellant is not responsible for the delay in completion of trial, he is entitled to benefit of Bail. Similar observations have been made in Kalvakuntla Kavitha vs. Directorate of Enforcement, 2024 INSC 632. 7.

In the present case, the FIR was registered pursuant to directions given by the learned M.M under Section 156(3) of Cr.P.C. The Applicant was not named in the FIR but case was registered against the Society. Pertinently, the Complainant despite being aware of the name of the Applicant from the first instance, did not name him in his Complaint on which the FIR got registered. In fact, there were no specific averments made against the Applicant who was the President of Vasudhaya Kalyanam Urban Cooperative Thrift and Credit Society Ltd. from its commencement till 30.06.2022. All the transactions took place between the Complainant the Society of which the Applicant was only the President. Furthermore, the transactions which became the basis of FIR are essentially Civil disputes emanating from the alleged breach of Contract between the Society and the Complainant which has been given criminal over tones just to cow down the Applicant. 8. It is further submitted that the NCT of Delhi vide Order dated

01.07.2022 under Section 37(1) of the CS, Act, 2003 has appointed Shri Lal Singh (Retired DANICS) as Administrator of the Society with immediate effect and the entire ex-managing Committee had handed over the entire control to the Administrator. Mr. Lal Singh resigned from the post and now some other person has been given the charge of the Society. 9. As per law, Cooperative Society is a body corporate and has its own Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:05.03.2025 17:34:42 BAIL APPLN. 124/2025 Page 3 of 13 and independent legal entity and therefore, it is the legal liability of the Cooperative Society solely and wholly which is currently being run by the Administrator who is answerable for all the legal purposes, be it civil or criminal. 10. The alleged investments were made by the Complainant in the scheme of the Society and if there is any breach of the same by either party, it is a civil dispute. Reliance has been placed on Dalip Kaur vs. Jagnar Singh