Saurabh Jain vs State (Nct Of Delhi)

Sanjeev Sachdeva, J

Petitioner seeks regular bail in FIR No. 57/2019 under Sections 420/408/468/471/34 of the IPC, Police Station Hauz Khas.

Subject FIR was registered on the complaint of Ms. Ambika Pillai, contending that the petitioner was employed as an Accountant by her and was

handling her accounts. During examination of record, she found that there were several discrepancies in the accounts and further that he has

employed his wife and started paying salary to her. There are allegations of cheating as well as forgery.

Parties have entered into a settlement and settlement agreement dated 11.07.2019 has been executed. As per the settlement, the petitioner has

undertaken to pay a total sum of Rs. 60 lakhs to the respondent/complainant. Rs. 30 lakhs is to be paid at the time of grant of bail and the balance Rs.

30 lakhs is to be paid at the time of quashing/compounding of FIR. Copy of settlement agreement dated 11.07.2019, is filed in Court, same is taken on

record.

Learned Addl. PP, under instructions from the IO submits that information has been received by the IO that there is a settlement between the

parties.

Respondent/complainant is present in Court in person and has been identified by the IO. She confirms the settlement agreement. Pay Order in the

sum of Rs. 30 lakhs has been handed over in Court today. Ms. Ambika Pillai further submits that she has no objection to the petitioner being admitted

to regular bail.

The petitioner is in custody since 18.02.2019.

The FSL report dated 16.05.2019 has also been placed on record by the IO. FSL report to some extent does not support the allegations of forgery

and qua some of the disputed documents has opined that they appear to be in the handwriting and bear the signatures of the persons who are

purported to have signed the same.

Without commenting on the merits of the case and keeping in view the totality of facts and circumstances of the case, I am satisfied that petitioner

has made out a case for grant of regular bail.

Accordingly, on petitioner furnishing a bail bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the Trial Court,

petitioner shall be released on bail, if not required in any other case. Petitioner shall not do anything which may prejudice either the trial or the

prosecution witnesses.

Petitioner shall also abide by the terms of settlement agreement dated 11.07.2019.

Petition is allowed in the above terms.

Order Dasti under signatures of the Court Master.