Shri Rameshwar Chaturbhuj Shinde v. State
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI RAMESHWAR CHATURBHUJ SHINDE .....Petitioner Through:
Mr. Ankit Aggarwal, Advocate.
versus STATE .....Respondent Through:
Mr. Tarang Srivastava, APP for the State.
Mr. Shakti Verma, Advocate for Complainant.
SI Ashok, PS Anand Vihar
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 23.07.2024 1.
The Petitioner seeks bail in the event of arrest in FIR No.314/2023 dated 30.07.2023 registered at Police Station Anand Vihar for offences under Section 420, 406 & 34 IPC.
2.
The FIR has been registered on the complaint of one Sahil Jasija. The allegation against the Petitioner in the said FIR is that the Petitioner induced the Complainant to invest certain amount of money with an assured return of 5% on the minimum investment of Rs.25,00,000/- for 40 days. 3.
There is a dispute regarding the amount of money that has been given to the Petitioner. It is the version of the Complainant that about Rs.32 lakhs have been given. However, there are bank transactions of only Rs.20 lakhs. On failure to return the amount, the instant FIR has been filed against the Petitioner.
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4.
The Petitioner approached this Court by filing an application for grant of bail in the event of arrest in the said FIR. This Court on 17.10.2023 directed the Petitioner to pay a sum of Rs.16 lakhs. It is stated that the said amount stands paid. Status Report has been filed. The Status Report indicates that the Petitioner has joined investigation on five dates and investigation is going on.
5.
Learned Counsel for the Petitioner contends that it is primarily a civil transaction. He also contends that evidence is documentary in nature and therefore the custody of the Petitioner is not required. 6.
The bail application is vehemently opposed by the learned APP for the State and learned Counsel for the Complainant stating that the Petitioner is not cooperating with the investigation inasmuch as he is not divulging as to how he has spent the money given to him in Crypto-currency. 7.
In view of the fact that the Petitioner was given interim protection by this Court and that the Petitioner has already joined the investigation and that evidence is primarily documentary in nature, this Court is inclined to grant bail to the Petitioner in the event of arrest in FIR No.314/2023 dated 30.07.2023 registered at Police Station Anand Vihar for offences under Section 420, 406 & 34 IPC.
8.
In case it is necessary to arrest the Petitioner, the Petitioner shall be released on bail subject to the Petitioner furnishing a personal bond for the sum of Rs.1,00,000/- with two sureties in the like amount to the satisfaction of the concerned SHO/IO.
9.
The Petitioner shall continue to cooperate with the investigation and shall go to the Police Station as and when called for with all the requisite documents. The Petitioner shall not tamper with the evidence and give any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
threat to the Complainant or any other witness. 10.
The Petitioner is also directed not to leave the city of Delhi till the chargesheet is filed.
11.
With these observations, the petition is disposed of along with pending application(s), if any.
SUBRAMONIUM PRASAD, J JULY 23, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.