Himanshu Garg v. The State

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 281/2020 & CRL.M.A. 2229/2020 HIMANSHU GARG ..... Petitioner Through:

Mr. Vivek Singh, Adv.

versus THE STATE ..... Respondent Through:

Mr. Kewal Singh Ahuja, APP for State

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 31.01.2020 CRL.M.A. 2229/2020 (Exemption) Exemption allowed, subject to just exceptions. BAIL APPLN. 281/2020 The applicant vide the present application seeks the grant of anticipatory bail in relation to the FIR No.249/2019, PS Anand Vihar, under Sections 406/420/34 of the Indian Penal Code, 1860. It has been submitted on behalf of the applicant that the applicant has joined the investigation and that the applicant vide order dated 12.12.2019 in Bail Appl. No.3049/2019 in relation to the FIR No.203/2016 was granted anticipatory bail with directions to join the investigation therein till receipt of the FSL result in the matter. It has been submitted on behalf of the applicant that the applicant pursuant to the directions of the learned trial Court also produced his ITR though it was observed vide the order dated 27.01.2020 by the learned ASJ-04 at the time of consideration of the

anticipatory bail application to the effect that the source of income had not been disclosed with it also having been observed to the effect that the applicant had also been involved in relation to FIR No.212/2015, PS Dwarka Sector-23, qua which, it has been submitted on behalf of the applicant that the applicant has already been acquitted in relation thereto vide order dated 22.07.2019 of the learned ACMM, South-West on compounding of the offence punishable under Sections 420/34 of the Indian Penal Code, 1860 with it having been submitted that the applicant be thus released on anticipatory bail in the instant case.

On behalf of the State the status report has been submitted to the effect that during the course of investigation, it was found that apart from the complainant of the instant case, there are several others who have been allegedly duped by the applicant to invest money in lucrative schemes promising them high returns and the details of the said victims are given in the status report, which read to the effect: 1.

Ajay Kumar Sharma 2 lacs 2.

Utful Tyagi 1.2 lacs 3.

Ravi Prakash Sharma 2.55 lacs 4.

Sanjeev Kohati 85,000/- 5.

Karan Haseeja 7 lacs 6.

Saurabh Gupta 10 lacs 7.

Dharmveer 4 lacs 8.

Sushil 5 lacs 9.

Nitin 10 lacs It is inter alia submitted on behalf of the State that the applicant keeps on changing his address and does not have any permanent address and is a frequent traveller abroad with the apprehension of

absconding. As indicated vide order dated 27.01.2020 at the time of consideration of the first anticipatory bail application by the learned trial Court, the applicant is investing money in Crypto currency i.e. foreign bit coins and in view of the circumstances, there are continuous allegations of the applicant repeatedly allegedly duping persons of their money, it is not considered appropriate to grant any further anticipatory bail despite submission made on behalf of the applicant that the other persons named in the status report are not the complainants who lodged the FIR.

The application is dismissed.

ANU MALHOTRA, J JANUARY 31, 2020 vm