Suresh Kumar Jain Vs State (Govt. of NCT Delhi) (Delhi High Court)
Delhi High Court held that successive Bail Application filed with no change in circumstances is liable to be dismissed. Further, bail application is dismissed since applicant has already been declared an offender.
Facts- Fifth Anticipatory Bail Application under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner Suresh Kumar Jain in case FIR No.166/2020 under Section 419, 420, 468 and 471 Indian Penal Code, 1860 read with Section 66/67C/67D/71/74 of Information Technology Act, 2002 registered at Police Station Special Cell.
According to the Complainant from April to May 2019 it made an export of goods worth Rs.30,12,68,247/- to UAE on which ROSCTL dues were in the sum of Rs.1,54,89,000/-. In May, 2020 the Complainant came to know from ICE GATE that five RoSCTL License scrips, all dated 12.05.2020, for the total sum of Rs.1,54,89,000/- had been transferred in the account of some unknown entities. The Complainant gave a Complaint on which present FIR No.0166/2020 was registered on 04.07.2020 by Police Station Special Cell under Section 419/420/468/471 IPC and Section 66/66C/66D/71/74 IT Act 2002.
Conclusion- From this entire conduct of the Applicant, it is evident that despite being aware of the pending investigations, he has been deflecting to join the investigations, but has been repeatedly trying his luck to somehow get the Bail. Pertinently, since then the process under Section 82 Cr.P.C. has already been executed against him and he had been declared an Offender.
