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High Court of DelhiBAIL APPLN./4209/2023

Manoj Tandon v. The State NCT Of Delhi & ANR.

2024-02-28Vikas Mahajan3 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4209/2023 MANOJ TANDON ..... Petitioner Through:

Mr. Kush Sharma with Mr. Nischaya Nigam & Mr. Vagmi Singh, Advs.

along with petitioner in person through VC from Jail.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Hemant Mehla, APP for State with SI Pankaj, Police Station GK-I.

Mr. Saurabh Rajpal & Mr. Deepak Verma, Advs. for complainant.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 28.02.2024 1.

The present petition has been filed seeking regular bail in connection with FIR No.94/2021 under Sections 420/467/471/120B of IPC. 2.

The brief facts of the case are that the petitioner/accused had induced the complainant, Ms. Sona Roy, to buy the property which was already mortgaged to the Canara Bank.

3.

According to the learned counsel for the complainant, it is alleged in the FIR that a total amount of Rs.2.38 crores has been paid by the complainant to the accused persons namely, the present petitioner (Manoj Tandon), as well as, Radhey Shyam and besides that an amount of Rs.57 lakhs was also paid by the complainant to the Banker of the petitioner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The payment of the said amount is, however, disputed by the learned counsel appearing on behalf of the petitioner. He submits that lesser amount was paid by the complainant.

5.

On request of the learned counsel for the petitioner, the petitioner was allowed to join the proceedings from Jail through VC. The petitioner submits that if interim bail of 45 days is granted to him he will be in a position to arrange for the funds and repay the money of the complainant. This proposal is not opposed by the learned counsel appearing on behalf of the complainant, on instructions from the complainant. 6.

In view of the above, the petitioner is granted interim bail for a period of 45 days from the date of his release subject to his furnishing personal bond of Rs. 25,000/- and one surety bond of the like amount to the satisfaction of the Trial Court/CMM/Duty Magistrate, further subject to the following conditions:- a) Petitioner shall surrender his Passport, if any, before the Trial Court at the time of furnishing bail bond/surety bond. b) Petitioner shall appear before the Court as and when the matter is taken up for hearing.

c) Petitioner shall provide his permanent address, as well as, his mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned. d) Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses. e) Petitioner shall mark his attendance with the SHO/IO concerned every Saturday between 11:00 am to 12:00 noon. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance and information.

8.

After the expiry of period of interim bail of 45 days, the petitioner shall surrender before the Jail Superintendent. 9.

Order dasti under signatures of the Court Master. 10.

Order be uploaded on the website of this Court. 11.

Re-notify on 16.04.2024.

VIKAS MAHAJAN, J FEBRUARY 28, 2024 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.