Delhi High Court - Orders
Nikhil Misra vs State (Gov. Of Nct Of Delhi) & Anr on 18 September, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~ 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. No.2667/2020
NIKHIL MISRA .... Petitioner
Through: Mr.Vinay Kumar Sharma, Advocate
versus
STATE (GOV. OF NCT OF DELHI) & ANR ..... Respondents
Through: Mr.Kamal Kumar Ghei, APP for State
With SI Ramesh, PS EOW
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 18.09.2020
(Through Physical Hearing)
The applicant vide the present application has sought the grant of anticipatory bail in relation to FIR No. 23/2016, PS EOW under Sections 420/34 of the Indian Penal Code, 1860.
The status report dated 18.9.2020 under the signatures of ACP, Section -1/Economic Offences Wing, Mandir Marg has been submitted by the State.
The status report submitted by the State is to the effect that the complainant Mangat Ram S/o Mavasi Ram and the other complainants as mentioned in the status report filed a complaint against Priya Arora @ Priya Misra, who is the sister of the petitioner, as well as against her family members, namely, Harish Arora (husband), Radha Misra (Mother), Sham Sunder Misra (Father) and the applicant Nikhil Misra (brother) and in this Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.09.2020 01:26 complainant it was alleged that Priya had misrepresented on several counts including that she was working in a reputed company and had induced them for investment showing rosy pictures that her company was dealing in real estate and that the said company used to sell space for shops in Mall under construction in Delhi and she along with her husband Harish Arora and others claimed themselves to be the Directors of that company. The said stated complainant Mangat Ram already gave Rs.10,00,000/- to them. It is further indicated that the complainant on suspicionverified about the facts and they turned to be false and thereafter he asked Priya Arora to return his money for which a cheque dated 20.4.2012 for a sum of Rs.2,00,000/- was issued by Priya which was not honoured. It has thus been submitted through the status report that similarly other persons have been cheated as well on the false pretext of doubling the invested amount in one year. It is further submitted through the status report that an enquiry was conducted by the ACP/Rohini in this regard and during enquiry it was revealed that there were several other complaints registered against Priya Arora and others regarding cheating in various police stations. Thus, the investigation in the matter was transferred to the EOW wherein it was found that Priya Arora in lieu of the investments made used to issue PDC's and execute loan agreements with the investors on her behalf and initially she gave some returns to the investors but later on she neither returned the loan amount nor were the PDC's given by her ever cleared from the bank. It has further been submitted through the status report that 14 complainants have given their complaint against Priya Arora and her family members and the total cheated amount is around Rs.3.5 crores. Priya Arora is stated to have opened a company in the name of M/S Mercado Trading Pvt. Ltd. in the year 2012 where she used to sit Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.09.2020 01:26 with her brother Nikhil Misra, i.e., the present applicant and husband Harish Arora used to allegedly induce people in the name of commodity trading. Priya Arora and Harish Arora are indicated to have been arrested and but stated to be on interim bail now. It is further submitted through the status report that the applicant, i.e, the brother of the co accused Priya Arora as alleged by the complainant is involved in the conspiracy hatched by the accused Priya Arora and on scrutinizing of the bank account statements of Standard Chartered in the name of Nikhil Misra it was revealed that in the year 2015-16 approximately Rs.9,00,000/- had been transferred from the bank account of Priya Arora into his bank account and that the applicant was also maintaining 5 trading account with different trading numbers and the applicant Nikhil Misra was allegedly in connivance with his sister Priya Arora to cheat the investors and had cheated them.
It is submitted by the State that in the present circumstances of the case, the prayer made by the applicant seeking grant of anticipatory bail is opposed.
In reply to a specific Court to the State as to for what purpose the custodial interrogation of the applicant is required, it is submitted on behalf of the State that the applicant has received a sum of Rs.9,00,000/- into his bank account for which no explanation has been made.
On behalf of the applicant it has been submitted categorically that the present applicant is not even named in the FIR nor in the supplementary statements of witnesses. It has been submitted on behalf of the applicant during the course of submissions that the explanation in relation to the receipt of money from Priya Arora is explained through paragraphs 13 to 16 of the bail application. It is further submitted by the applicant that of the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.09.2020 01:26 amount of Rs.9,00,000/- stated to have been received by the petitioner Rs.7,50,000/- stands still remains in his account though the other sum has been removed for payment of the fees of his children and treatment of his mother. The details of the bank account be submitted by the petitioner with a copy thereof being supplied to the State and the State is directed to verify the amounts in the account of the applicant before proceeding further.
Renotify on 15.10.2020, till which date the interim order dated 15.9.2020 is extended.
ANU MALHOTRA, J SEPTEMBER 18, 2020/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.09.2020 01:26