Delhi High Court - Orders
Hemant Sharma vs The State (N.C.T. Of Delhi) on 21 January, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4168/2021
HEMANT SHARMA ..... Petitioner
Represented by: Mr.Rahul Thakur, Advocate.
Versus
THE STATE (N.C.T. OF DELHI) .... Respondent
Represented by: Mr.Amit Gupta, APP for the State
with Inspector Ramesh Lamba, P.S.
Crime Branch.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 21.01.2022 The hearing has been conducted through video conferencing.
1. By this petition, the petitioner seeks regular bail in FIR No. 79/2020 under Sections 420/468/471 IPC & 66-D of the Information Technology Act registered at P.S. Crime Branch.
2. Learned counsel for the petitioner states that the complaint was filed by the complainant belatedly and there was a dispute with regard to the loan transaction between the petitioner and the complainant and to recover the said amount, the complainant adopted the arm twisting tactics by lodging the above-noted FIR.
3. The above-noted FIR was registered on the written complaint of one Naseem Ahmed Khan dated 17th June 2019 wherein he alleged that his widow daughter Ms.Gulbano along with her family was also residing with him. The complainant owns a plot in Bhaslwa Dairy, Jahangir Puri and in Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 4168/2021 Page 1 of 3 Signing Date:22.01.2022 12:04:26 the first week of March 2019, he met the petitioner through a common friend. Complainant exchanged mobile number with the petitioner and the petitioner called him on the next day and told him that he was doing liaison work in the Petroleum Ministry and offered the complainant that he could get a dealership of petrol pump and gas agency at his Bhalswa Dairy plot and also told that two separate spaces are required for gas and petrol pump agencies. Petitioner stated that a sum of ₹37,00,000/- will be charged for petrol pump dealership and ₹12,00,000/- will be charged for gas agency dealership and initially ₹12,00,000/- would be required to be paid for processing the dealership and balance amount of ₹37,00,000/- would be required at the final stage. The petitioner also suggested to the complainant that since the complainant was aged 60 years old, he should apply for a joint dealership with his widow daughter as she would get some concession and thus induced the complainant to pay the amounts as noted above. Signatures of the complainant and his daughter were taken on some papers and proforma application was sent to the complainant on his Whatsapp and Email ID which was filled and sent to the petitioner. A sum of ₹5,50,000/- was paid in cash besides making transfer of ₹5,87,068/- in the account of the petitioner through banking channel. The said payments were made in March 2019. On 9th June 2019, the complainant got to know that the petitioner had cheated one Rajkumar for a sum of ₹26 lakhs on the pretext of providing him a gas agency and wine shop licence and the petitioner has been arrested. Alarmed with this, the petitioner also filed a complaint with the Crime Branch, on which, the above-noted FIR was finally registered.
4. During the course of investigation, the transfer of money has been verified to the account of the petitioner. As per the status report, besides the Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 4168/2021 Page 2 of 3 Signing Date:22.01.2022 12:04:26 present FIR as noted above, the petitioner is involved in FIR No. 145/2019 under Sections 419/420/468/471/474/170/120B IPC registered at P.S.Crime Branch and no bail has been granted to the petitioner and in other case being FIR No. 308/2019 under Section 420 IPC registered at P.S.Jahangir Puri, according to the learned counsel for the petitioner, he has been released on regular bail.
5. In the above-noted FIR, the petitioner was arrested on 26th February 2021 and the charge sheet has since been filed. The evidence is documentary in nature. Considering the nature of offence; the period of custody undergone by the petitioner; and that the trial is likely to take some time, this Court deems it fit to grant regular bail to the petitioner.
6. It is, therefore, directed that the petitioner be released on regular bail on his furnishing a personal bond in the sum of ₹50,000/- with two surety bonds of the like amount, out of which one of the sureties would be a family member of the petitioner, subject to the satisfaction of the learned Trial Court/CMM/Duty Magistrate; further subject to the conditions that the petitioner will not leave the country without the prior permission of the Court concerned, and in case of change of his mobile number and/or the residential address, the same will be intimated to the Court concerned by way of an affidavit. Further, the petitioner is directed to appear on first Monday of every calendar month before the Investigating Officer at Crime Branch between 11 am to 12 noon.
7. Petition is disposed of.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JANUARY 21, 2022/akb Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 4168/2021 Page 3 of 3 Signing Date:22.01.2022 12:04:26