Delhi High Court - Orders
Rajesh Kumar Sharma @ Rahul Sharma vs State Nct Of Delhi on 30 November, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3899/2021
RAJESH KUMAR SHARMA @ RAHUL SHARMA ..... Petitioner
Through: Mr. Alok Tripathi & Mr.Navneet
Dadhichi, Advocates.
versus
STATE NCT OF DELHI ..... Respondent
Through: Ms.Aashaa Tiwari, APP for State
with SI Nikhil Singh, PS EOW.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 30.11.2021 The applicant, vide the present application seeks the grant of bail in relation to FIR No.206/2017, PS EOW under Sections 406/420/468/471/120B of the Indian Penal Code, 1860 submitting to the effect that the applicant has already been in custody for almost two years now having been arrested on 05.12.2019 and he was detained at the IGI Airport. It has been submitted on behalf of the applicant that he is alleged to have cheated the complainant for only a sum of Rs.75 Lakhs even as per the status report dated 13.11.2021 submitted by the ACP, EOW, Mandir Marg, Delhi and that the applicant would be willing to deposit some amount of money.
As per the status report submitted by the State, the FIR is indicated to have been lodged on the complaint of the complainant on behalf of M/s BAIL APPLN. 3899/2021 Page 1 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.11.2021 19:01:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Junction Hotel Pvt. Ltd. and the complainant had submitted that they were engaged in the business of engineering consulting and contracting business and had conceived an idea to commence a project for setting up a 5 Star hotel in Gangtok, Sikkim and they were looking out for FDI Investments and the petitioner had approached them through a broker representing himself as the MD of M/s R.P.Finance Corporation having its branch office at 807, 8th Floor, Hemkunt House, Rajendra Place, Delhi and R/o 1202, 12th Floor, Huaqlin International Building no.320, Prince Edward Road, Central Hongkong and assured that his company would arrange funds for the project and subsequently the petitioner also sent a term sheet dated 06.08.2015 approving the funding proposal of Rs.179.35 Crores and in order to gain confidence, also sent a fake RBI Letter purportedly approving the FDI proposals which were also shared with the complainant.
The applicant is alleged to have taken a sum of Rs.2.20 Crores from the complainant for the facilitation of the loan amount and that neither the loan facilitated nor the amount of Rs.2.20 Crores paid back by the petitioner to the complainant and he also closed his office at Rajendra Place, Delhi.
It is further alleged by the State that pursuant to a notice sent to Axis Bank, Punjabi Bagh in relation to the account of the applicant, a reply was received and the account statement of the application established deposits of cheques given by the complainant to the applicant. The status report further states that though, the applicant had given his address to be of Hongkong, a notice sent to the Deputy Director (Immigration) IB, RK Puram, Delhi for verification of the travel of the applicant to Hongkong for the purpose of BAIL APPLN. 3899/2021 Page 2 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.11.2021 19:01:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
FDI in favour of the complainant, it was indicated that the applicant had never travelled abroad after 26.06.2012.
The verification of the letter purportedly sent by the RBI to complainant indicated that the RBI responded to the effect that it was a fake letter and there was no Electronic Transfer Department in the Reserve Bank of India. The applicant is indicated to have been arrested only pursuant to a lookout circular.
In reply to a specific Court query, the State has produced the stated letter issued on behalf of the RBI i.e. a forged document issued to the borrower with it having been submitted on behalf of the State in reply to a specific Court query that the said RBI letter was sent by the petitioner to the mail account of the complainant vide an email address [email protected].
It is submitted on behalf of the applicant that the offence allegedly committed by the applicant is punishable only to the extent of seven years of imprisonment and that the applicant has been in custody since the last two years and no useful purpose would be served by his further incarceration and that the passport of the applicant already stands impounded by the Investigating Agency.
On behalf of the State, the prayer made by the applicant seeking the grant of bail is vehemently opposed by the learned APP submitting to the effect that apart from cheating the complainant also, the applicant is alleged to have sent a fake RBI circular.
On a consideration of the submissions that have been made on behalf of either side, taking into account the aspect that the applicant was arrested BAIL APPLN. 3899/2021 Page 3 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.11.2021 19:01:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.
only pursuant to a lookout circular and allegedly the applicant had used the forged RBI document purportedly issued also through his own email id to the complainant, and that the bank account of the applicant also prima facie corroborates the submission of the State in relation to the payment of sum of atleast Rs.75 Lakhs to the applicant by the complainant, there is no ground whatsoever for grant of bail to the applicant.
The application is declined.
ANU MALHOTRA, J NOVEMBER 30, 2021 'Neha Chopra' BAIL APPLN. 3899/2021 Page 4 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:30.11.2021 19:01:20 This file is digitally signed by PS to HMJ ANU MALHOTRA.