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1. This petition under Section 439 Cr.P.C is for grant of bail to the petitioner in FIR No.328/2019 dated 05.11.2019, registered at Police Station Crime Branch for offences punishable under Sections 406, 419, 420, 467, 468, 471 read with Section 120B IPC.

2. The facts, in brief, pertaining to the case, as described in the FIR, are that the Petitioner and the Complainant, Ravinder Kler, a doctor, met at a party in New Delhi in 2017 where the petitioner introduced himself as a property dealer with a long list of eminent clientele. It is stated that the petitioner and the complainant were in touch thereafter and the Petitioner told him about lands available for sale at attractive prices in Dehradun, Uttarakhand and that he knew some owners personally and that he could purchase the lands by paying 20% of the purchase price. It is stated that after initial reluctance, the Complainant went to Uttarakhand along with the petitioner to see the plots. During the visit, the Petitioner introduced the Complainant to one Prashant Thapa, as the Clerk of Patwari from the Land Registration office, who confirmed the position represented by the Petitioner that the prices of lands were low as per the circle rate and promised to extend his co-operation in the registration process. The Complainant through the Petitioner met accused Rajan Sharma who was shown as a colleague of the Petitioner and as a broker to many high-profile politicians and businessmen. The Complainant was made to meet accused Mohd. Zaidi who was shown as working in the same company with the Petitioner and it was told to the complainant that he would help him in selling the plots which the Complainant was about to purchase. The Petitioner convinced the complainant to purchase the farm lands in Dehradun, and when the complainant was diffident about the same the Petitioner proposed that he would also invest 50% of the price through his confidant, one Mr. O.P. Joshi. Over the next few visits to Dehradun, the Petitioner arranged meetings for the complainant with purported owners of fields of land. It is stated that the Complainant in partnership with the Petitioner agreed to invest in properties on the assurance that high yielding returns would enure to the Complainant when the plots will resold. The FIR thereafter mentions that total six agreements were entered into by the Complainant, with co-accused Sudarshan Singh Aswal, Dinesh Chand Ramola, Ashbal Ali, and Bibi Rihanna. The Petitioner invested in one of the six agreements jointly with the Complainant, in rest of the agreements the complainant alone entered with other accused persons. For the sake of clarity the agreements entered into by the Complainant are mentioned below-:

(i) Agreement No.1 was entered into between accused Sudarshan Singh Aswal and Complainant along with Om Prakash Joshi on 09.02.2018 for land admeasuring 16 bighas situated at Bakarna, Dehradun for a sum total of Rs. 2,00,16,000/- (Two Crores and sixteen thousand rupees.) At the time of signing the Agreement a sum of Rs. 20,00,000/- was paid by the Complainant to Sudarshan Singh Aswal as advance token payment.

4. FIR was registered against the Petitioner, Sudarshan Singh Aswal, Dinesh Chandra Ramola, Ashbal Ali, Rihana, Prashant Thapa. Investigation is complete. Chargesheet stands filed. The investigation revealed that the Petitioner played a pivotal role and was a mastermind in cheating the complainant in connivance and collusion with other co-accused with whom complainant agreed to buy lands from. It was found in the investigation that the Petitioner lured the complainant by stating that he would invest 50% in the property under the sale agreements entered between Sudarashan Singh Aswal and Complainant and to earn the confidence of the Complainant, Petitioner gave a token amount of Rs.20 lakhs by cheque to the complainant under Agreement No.1 and token payment of Rs.37 lakhs was given to the complainant by cheque under Agreement No.2 and the same was not deposited in the bank and encashed by Sudarshan Singh Aswal.

20. After the judgment was reserved a settlement/compromise deed has been entered into between the complainant, the co-accused (Sudarshan Singh Aswal), his wife and children and one Ramesh Negi who has stood guarantee. Under the said agreement Sudarshan Singh Aswal has agreed to pay a sum of Rs.2,65,00,000/- as full and final settlement in view of the cancellation of the agreement to sell and as full and final settlement to the FIR.

21. The primary considerations that survey the Court while hearing an application of bail are as given under-