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High Court of DelhiBAIL APPLN./1045/2016

Anand Kumar v. State ( NCT Of Delhi)

2016-09-15Hon'Ble Ms. Justice Mukta Gupta2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1045/2016 & Crl.M.B. 1579/2016 ANAND KUMAR ..... Petitioner Represented by:

Mr. Sarvesh Singh, Mr. D.K.

Singh, Mr. Hira Singh, Advs.

versus STATE ( NCT OF DELHI) ..... Respondent Represented by:

Mr. Hirein Sharma, APP.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.09.2016 By the present petition the petitioner seeks regular bail in case FIR No.671/2015 under Section 420 IPC registered at PS Badarpur on the complaint of Bijay Kumar. During the course of investigation Sections 467/478/471 IPC were also added to the above-noted FIR. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 15th December, 2015 and charge-sheet has already been filed. Since petitioner has roots in the society and there is no likelihood that he would flee away, he be granted bail as the trial is likely to take time.

Learned APP for the State has taken me through the FIR and the status report. In the FIR the complainant alleged that the petitioner represented himself as the owner of property bearing Flat No.5, 2nd Floor, BAIL APPLN. 1045/2016

Plot No.5, Shivam Garden, Badarpur, New Delhi. On the assurance of the petitioner the complainant agreed to purchase the same and an agreement to sell was executed wherein a sum of `2 lakhs was paid as earnest money. Later on the complainant came to know that the petitioner was not the owner of the property. The petitioner also issued a cheque in lieu of the said liability of `2 lakhs, however the said cheque was dishonoured on the ground of insufficient funds. As per the status report the petitioner is involved in two other FIRs and one complaint is also pending inquiry. Considering the fact that the petitioner is in custody from 15th December, 2015, charge-sheet has already been filed and the trial is likely to take time, I deem it fit to grant bail to the petitioner.

It is therefore directed that the petitioner be released on bail on his furnishing a personal bond in the sum of `25,000/- with two sureties of the like amount subject to the satisfaction of the learned Trial Court, further subject to the condition that he will not leave the country without the prior permission of the Court concerned.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

SEPTEMBER 15, 2016 'ga'

BAIL APPLN. 1045/2016