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Mr. Neeraj Bhatia vs The State Of Nct Delhi on 1 February, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~18
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    BAIL APPLN. 342/2021
                                     MR. NEERAJ BHATIA                               ..... Petitioner
                                                      Through : Mr.Vikram Panwar, Advocate.
                                                      versus
                                     THE STATE OF NCT DELHI                               ..... Respondent
                                                      Through : Ms.Radhika Kolluru, APP for State.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                ORDER

% 01.02.2021

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

4. This petition is filed seeking grant of anticipatory bail in case FIR No.141/2018 under Sections 420/468/471/34 IPC registered at police station Karol Bagh.

5. The learned counsel for the petitioner submits the incident is of the year 2010, but the FIR was registered only in the year 2018 at police station Karol Bagh by concealing certain material facts. This FIR is based on the premise certain loans were obtained by the main accused/borrowers from the Bank of Maharashtra and that the petitioner along with his wife stood guarantors and mortgaged their properties too along with the properties of main accused person/borrowers. The loan account turned NPA and mortgaged properties were auctioned. Certain recoveries were also made from the petitioner herein as alleged in the FIR.

6. The learned counsel for the petitioner submits though the FIR registered in the year 2018, but it does not disclose though facts qua the complainant in the year 2015 filed under Section 200 Cr.P.C. by the complainant herein along with an application under Section 156(3) Cr.P.C for lodging the FIR against the petitioner on the allegations of inducing the complainants to stand as guarantors; but such complaint was dismissed by the learned Trial Court on 26.10.2016. The revision filed against such dismissal of application under Section 156(3) Cr.P.C was also dismissed per order dated 07.07.2018. Thereafter, the complainant approached this Court by filing Crl.M.C.No.4217/2017, however, this petition was also dismissed as withdrawn per order dated 23.10.2017 of this Court. Without disclosing all these facts, the complainant moved the complaint with the police station Karol Bagh and got the FIR registered.

7. Issue notice. Learned APP accepts notice and seeks to file status report. As sought, status report be filed before the next date of hearing with an advance copy thereof to the learned counsel for petitioner through email and be placed on record as well.

8. List on 14.07.2021 and in the meanwhile, the petitioner is directed the join the investigation as and when directed by the IO/SHO concerned in this regard and in the event of his arrest, till the next date of hearing, the petitioner shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the IO/SHO concerned.

YOGESH KHANNA, J.

FEBRUARY 01, 2021 M Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:01.02.2021 19:11