The Prosecution Failed To Point Out Any Incriminating Evidence"- Delhi Court Grants Bail To Suspected Bookie Caught From Arun Jaitley Stadium

On 02.05.2021, the Special Cell Unit of Delhi Police Arrested Accused Manish Kansal along with Krishan Garg from the Arun Jaitley Stadium during a match in the recently suspended Indian Premier League (IPL). It was alleged that the duo had entered the stadium, also known as Feroz Shah Kotla, illegally posing as staff of private and government entities with the aim to give live commentary to their partners who were betting through online betting applications.

Manish Kansal moved a bail before the Court of Sessions, Patiala House Courts where the Counsel for the Accused Mr. Kapil Madan and Gurmukh Singh Arora submitted that there is no prima-facie case qua the Accused for the commission of forgery or cheating and the Accused have been wrongly arrested. It was further argued by Mr. Madan that the prosecution has no incriminating evidence which can prove that the offences U/S 420/469/471 IPC are attracted in the specific case.The Prosecution vehemently opposed the said bail plea inter-alia alleging that the Accused is a part of the larger betting syndicate and entered the ground on the basis of the false documents.

The Ld. Sessions Judge Sh. Dharmender Rana while allowing the bail observed that "I fail to understand the commission of the offence of forgery in the instant case. The making of a false document is the sine qua non for the offence of Forgery. Consequently, since the prosecution has failed to point out the creation of any false document in the instant case. I fail to understand as to how the offence u/s 468/471 IPC can be invoked in the instant case."

The Ld Session Judge further observed " the prosecution has also failed to point out the delivery of any property or making/alteration or destruction of any valuable security by any person deceived. Under such circumstances, invocation of section 420 IPC is also seriously debatable.

Further, the prosecution has also failed to point out the delivery of any property or making/ alteration or destruction of any valuable security by any person deceived and granted bail to the Accused Manish Kansal who is a resident of Jalandhar, Punjab.

The Ld Session Judge directed the Accused to be released on a per on a personal bond of Rs 50,000 each with two sureties of like sum and few more conditions were levied on the Accused.

The matter was argued by Adv.Kapil Madan and Adv. Gurmukh Singh Arora from KMA Attorneys.