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Custodial interrogation of the petitioner is not required as nothing is to be recovered from him: High Court of Delhi

The bail application is allowed and it is ordered that in the event of arrest, the petitioner be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount subject to the satisfaction of the IO/SHO concerned was upheld by the High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE RAJNISH BHATNAGAR in the case of ANKIT NARANG  Vs STATE, GOVT. OF NCT OF DELHI (BAIL APPLN. 3710/2021) on 10.03.2022.

Brief facts of the case are that bail application has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 04/2019. A complaint dated 04.04.2019 of one Sunil Kumar Singh, Superintending Engineer, Delhi Jal Board, Govt. of NCT of Delhi was received in the office of ACB, Delhi in which it has been alleged that Sh. Attar Singh Kaushal, Executive Engineer, Sh. Pramod Kaushik, Asstt. Engineer, Sh. Parvesh Kumar, Junior Engineer and others while working in EE (SWD)-IX Division of Delhi Jal Board, GNCT of Delhi have fraudulently processed the claim of payment of 06 work orders issued separately to contractors.

Ld. Sr. counsel for the petitioner submitted that the petitioner has been falsely implicated and the work done by the applicant was duly inspected by the concerned official from time to time and the same was duly entered in the measurement book as per the rule and after the successful completion of the work the payment of Rs. 1,91,456/- was made by the Delhi Jal Board. She further submitted that the the co-accused has already been released on anticipatory bail and the IO has no reason for custodial interrogation. The job of the applicant/petitioner was only to install Air Valve and Sluice Valve and since they were found installed, there was no deficiency on the part of the petitioner.

The Ld. APP for the State submitted that during the investigation old material register of Shalimar Bagh SPS was seized and on examination of old material register it was found that there was no entry regarding the alleged old replaced sluice valve in the register.

The Court observed that “All the evidence is documentary in nature and even as per the prosecution the material register has also been recovered. Co-accused has already been granted bail. Therefore, in these circumstances the custodial interrogation of the petitioner is not required as nothing is to be recovered from him.”

In view of facts and circumstances, court held that the bail application is allowed and it is ordered that in the event of arrest, the petitioner be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount subject to the satisfaction of the IO/SHO concerned.

Click here to read the Judgement

Written by- Riya Singh, Legal Intern, Prime Legal

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