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2025 (2) TMI 1859

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....The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing. 3. Accordingly, the application stands disposed of. W.P.(CRL) 673/2025 & CRL.M.A. 6285/2025 (for stay) 4. The present writ petition filed under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 ["CrPC"] is directed against order dated 24th February, 2025 passed by the Duty Judicial Magistrate, First Class, Shahdara, Karkardooma Courts, Delhi, declining the request made by the Petitioner/State of West Bengal for transit remand of Respondent No. 2. Instead, the Trial Court granted Respondent No. 2 interim/transit bail, thereby allowing hi....

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....ng Agency that during the search conducted at the residence of the accused in presence of three independent witnesses, several electronic gazettes, banking documents and other items were found and were seized under proper seizure list in presence of witnesses. It is further submitted that misappropriated money is required to be recovered from different hide outs and the Investigating Agency is trying to break the money trail. The offence has taken place outside Delhi and thus the applicant may appear before the court concerned in Kolkata an apply for bail and the present bail application is not maintainable before this Court. On the contrary, it is submitted by Ld. Counsel for accused that after the registration of the FIR....

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....estigating Agencies have failed to show why the applicant / accused should be taken to Kolkata and for what investigation he is required in the present FIR. No cogent evidence is brought on record as to why the transit remand should be granted to the Investigating Agencies. Thus, this Court deems it fit to grant seven days interim bail to applicant/accused Yogesh Dua, with rider that he shall make himself available to the Investigating Agency at all times as & when required to bring out true facts. In view of the above, the instant bail application is allowed. Applicant / accused Yogesh Dua is granted seven days interim bail on executing bail bond to the sum of Rs. 1,00,000/- with two sureties of like amount each. This protection o....

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....e concerned court has been duly notified of the urgent listing of the matter and is awaiting this Court's decision. He underscores that unless an immediate interim order is passed, the present petition may be rendered infructuous. Furthermore, he raises serious apprehensions regarding the potential risks posed by Respondent No. 2, including the likelihood of absconding, tampering with evidence, and influencing witnesses. In light of these concerns, he urges that the custody of Respondent No. 2 be retained to prevent any obstruction in the ongoing investigation. 8. On the other hand, Mr. Kirti Uppal, Senior Counsel for Respondent No. 2, as well as Mr. Arun Khatri, refute the allegations raised by the Petitioner. They seek an opportunity t....

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....appropriate orders for police remand. 12. Upon reviewing the material presented, this Court is of the prima facie opinion that the Petitioner's request for transit remand of Respondent No. 2 is well-founded. However, the impugned order has dismissed this request on the following grounds: However, it is not shown as to how the said transactions are linked to applicant/accused Yogesh Dua. Thus, prima facie the Investigating Agencies have failed to show why the applicant / accused should be taken to Kolkata and for what investigation he is required in the present FIR. No cogent evidence is brought on record as to why the transit remand should be granted to the Investigating Agencies." 13. Prima facie, the observations made in th....