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2016 Supreme(Del) 3809

IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, J.
SUNIL DAHIYA - Petitioner
Versus
STATE (GOVT OF NCT OF DELHI) - Respondent
BAIL APPLNS. 1212, 1221, 1222 of 2016
Decided On : 18-10-2016

Advocates Appeared:
For the Petitioner: Mr. Arvind Nigam, with Mr. Raghu Tandon.
For the Respondents: Mr. Rahul Mehra, with Ms. Radhika Kolluru.
Mr. A.K Singla, with Mr. Bharat Gupta & Varun Tyagi, for the complainants/applicants in Crl. M.A. Nos. 10388/2016, 10390/2016 and 10392/2016.

The seriousness of the accusations, the potential impact on the criminal justice system and society, and the risk of tampering with evidence and witnesses, as well as the accused fleeing from justice, were central legal points established in the judgment.

Headnote:

Bail - Criminal Procedure - Section 439 - 108/2014, 109/2014, 110/2014 - Summary

Fact of the Case:

The applicant, Mr. Sunil Dahiya, filed three applications for regular bail under Section 439 of the Code of Criminal Procedure (CrPC) pertaining to three FIRs, wherein he is one of the accused. The allegations in all three FIRs are of the same nature and all three applications have been heard together and are being disposed of by this common order.

Finding of the Court:

The court found that the nature and gravity of accusations against the accused were serious. The grant of regular bail in a case involving cheating, criminal breach of trust by an agent, of such a large magnitude of money, affecting a very large number of people would also have an adverse impact not only in the progress of the case, but also on the trust of the criminal justice system that people repose. It would certainly not be safe for the society. In case the applicant accused is granted regular bail, it is also likely that he may tamper with the evidence/witnesses, or even threaten them considering that the stake for the accused is high. It is also very much likely that looking to the high stakes, the nature and extent of his involvement, and his resources, he may flee from justice.

Issues: The court considered the serious nature of the accusations, the impact on a large number of people, the potential for tampering with evidence and witnesses, and the risk of the accused fleeing from justice.

Ratio Decidendi: The court's decision was based on the seriousness of the accusations, the potential impact on the criminal justice system and society, and the risk of tampering with evidence and witnesses, as well as the accused fleeing from justice.

Final Decision: The regular bail applications were dismissed by the court.

JUDGMENT :

VIPIN SANGHI, J.

1. The Applicant herein, Mr. Sunil Dahiya has filed three applications for regular bail under Section 439 of the Code of Criminal Procedure (hereinafter "CrPC") pertaining to the respective FIRS, wherein he is one of the accused. The allegations in all three FIRS are of the same nature and all three applications have been heard together and are being disposed of by this common order. The applicant accused is applying for regular bail in respect to the cases registered in consequence of the following FIRS:

Bail App. No.

FIR No.

Registered with

Under Section

1222/2016

108/2014

PS-EOW, Qutub Institutional Area behind Qutub Hotel, New Delhi

409/420/423/120-B

1212/2016

109/2014

PS-EOW, Saket, New Delhi

409/ 420/ 467/ 471/ 120B IPC

1221/2016

110/2014

PS-EOW, Mandir Marg, New Delhi

409/420/467/471/120B IPC

2. It is the complainants’ case that they have invested monies into the projects of the applicant accused to the tune of around 600 crores which have been siphoned off by the accused by colluding, conspiring, ganging up with his family members and illegally benefitting from the complainants’ money on the false pretext of providing lucrative returns. The Applicant had invited applications for investment in two projects for construction of IT parks, one in Gurgaon and the other in Manesar. The complainants have filed applications in each of the aforesaid Bail Applications, seeking permission to intervene e in the matter on behalf of the “Investors Sanghars Samiti”, with a view to oppose the grant of bail to the applicant/accused. These applications are:

(i) Crl. M.A. No. 10390/2016 in Bail Appln. No.1212/2016;

(ii) Crl. M.A. No. 10392/2016 in Bail Appln. No.1221/2016; and,

(iii) Crl. M.A. No. 10388/2016 in Bail Appln. No.1222/2016.

3. Charge-sheets in the subject FIRS have been filed on 29.12.2014. Supplementary charge-sheets have also been filed, adding Mr. Sanjay Dahiya, brother of the applicant and Mr. Daryao Singh, father of the applicant as co-accused on 20.04.2015. The Ld. ASJ (South) Saket Courts, New Delhi has dismissed the bail applications of the applicant under Section 439 CrPC vide order dated 10.09.15 in all three subject FIRS. The applicant accused has been in judicial custody since 30.10.2014 and the present application has been filed by his wife who is holding a power of attorney executed by the applicant on 19.05.2016.

Background:

4. The Applicant states that he is in the business of real estate and in the construction of State-of-the-Art I.T. Parks in Gurgaon and Manesar. The Applicant along with his brother and his father has incorporated the following companies in this regard:

(a) M/s Vigneshwara Developers Private Limited

(b) Vigneshwara Developwell Private Limited

(c) M/s Aquarious Buildcon Pvt. Ltd.

5. The Applicant submits that apart from the aforesaid companies, he and his family have incorporated other companies to carry out the objective of the parent companies. Together, all these companies are referred to as "Vigneshwara Group of Companies" (hereinafter "VGC"). The Applicant, his brother and father are all directors in VGC, wherein the Applicant is the Managing Director, his brother is the Finance head, and father is the Chairman.

6. The Applicant was involved in the construction of two projects, namely, "Aquarius" and "Darsons and Kisson I Valley" in Gurgaon, Sector 74 and IMT, Manesar respectively. The development rights of the project "Darsons and Kisson I Valley" at Plot No. 2, Sector-8, IMT Manesar, Gurgaon , Haryana (Project-1) vested in M/s Vigneshwara Developers Pvt. Ltd. and the development rights of "Aquarius" at Sector 74, Gurgaon (Project-2) vested in M/s Vigneshwara Developwell Pvt. Ltd.

7. It is the case of the applicant that pursuant to receiving approval from the concerned authority i.e. Hary
















































































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