Pintoo Yadav v. State (Govt Of NCT Of Delhi)

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 753/2023 & CRL.M.A. 27160/2023 PINTOO YADAV ..... Petitioner Through:

Mr. Naman Gupta, Advocate.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr. Laksh Khanna, APP for State with WSI Ritu PS Dwarka South, New Delhi.

Mr. Pranjay Chopra and Mr. S.Y.

Usmani, Advocates for complainant.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.02.2024 1.

The present application has been filed by the petitioner/applicant under Section 438 seeking anticipatory bail in FIR No.12/2023 registered under Sections 420/34 IPC at P.S. Dwarka South, New Delhi. 2.

Learned counsel for the petitioner/applicant contends that the applicant has been falsely implicated in the present case which was registered after a delay of eight month. The dispute being commercial in nature, the complainant instead of filing a civil suit, has filed the present complaint. Lastly, it is submitted that the applicant is ready and willing to join investigation and that no useful purpose would be served in arresting the applicant.

3.

The application is vehemently opposed by learned APP for State duly assisted by learned counsel for the complainant, who has stated that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:25:42

applicant was given notice to join investigation on 20.02.2023 and thereafter on 25.02.2023 wherein by latter notice, the applicant was asked to join investigation on 28.02.2023. He however, failed to do so. On merits, it is submitted that the allegations relate to cheating to the tune of Rs.48.50 lacs. He states that during inquiry, the applicant was asked about the receipt of the same however, he denied having ever met the complainant. On the aspect of transferring money to Sanjay Rana, the applicant stated that it was with respect to repayment of loan.

4.

A perusal of FIR would show that it is alleged that the applicant along with his partners Arjun Rana and Sanjay Rana were doing business of cotton sarees. The complainant wanted to purchase cotton sarees and with the assistance of his three friends had transferred a sum of Rs.48.50 to the applicant by four tranches on 29.03.2022 and 30.03.2022. The applicant thereafter transferred the entire amount to the account of co-accused Sanjay Rana.

5.

In view of the aforesaid, I find no ground to entertain the present bail application. It is accordingly dismissed with pending application. MANOJ KUMAR OHRI, J FEBRUARY 5, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:25:42