Mukesh Soni vs State - 2023 Supreme(Del) 2127

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2127

SWARANA KANTA SHARMA
Mukesh Soni – Appellant
Versus
State – Respondent

Advocates appeared:
Mr. Sunil Kumar Mittal, Mr. Anshul Mittal and Mr. Shaurya Dahiya, Advocates, for the Petitioner.
Mr. Manoj Pant, APP for State with Inspector Neeraj Kumar, P.S. Kotwali, Delhi Mr. Prateek Som, Ms. Arani Mukherjee and Mr. Aditya Shukla, Advocates, for the Complainant.

JUDGMENT

Swarana Kanta Sharma, J. The present bail application under Section 438 of the Code of Criminal Procedure, 1973 (`Cr.P.C.) has been filed on the behalf of the applicant seeking anticipatory bail in FIR bearing no. 0939/2022, registered at Police Station Kotwali, Delhi for the offences punishable under Sections 406/420/506/120B of Indian Penal Code, 1860 (`IPC').

2. Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of State.

3. Brief facts of the present are that on 23.11.2022, the present FIR was registered on the complaint of complainant, wherein she alleged that three accused persons namely Manoj Soni, Rakesh Soni and Mukesh Soni (applicant) fraudulently cheated the complainant for Rs.2.27 Crores. The accused persons apprised her that they are involved in gold business in which they import gold 3-4 times a month, from which they manage to save around 10% profit on each transaction. They allured the complainant that they would give her around 20% above on the prevailing market rate of gold. They offered to make jewellery for her at half the labour rate than market rate and further promised to deliver the jewellery within 4/5 months. Thereafter, the accus

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