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2023 Supreme(Del) 3774

VIKAS MAHAJAN
Anil Kumar Sharma – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mr. Pramod Kumar Dubey, Senior Advocate with Mr. Amit Sinha, Mr. Manoj Kumar Singh, Ms. Aditi, Mr. Satyam Sharma and Mr. Saurav Kumar Sohi, Advocates, for the Petitioner.
Ms. Richa Dhawan, APP, for the State.

JUDGMENT

Vikas Mahajan, J. (Oral)--The present application has been filed under Section 439 CrPC read with Section 482 CrPC seeking regular bail in FIR No.201/2016 registered at Police Station EOW under Sections 409/406/420/120B IPC.

2. It is not in dispute that the charge sheet in this case was filed under Sections 406/409/420/120B IPC, but the charges have been framed only under Sections 420/120B IPC.

3. The aforesaid FIR was registered on the complaint of Sh. Anubhav Jain who bought 26 flats in Tower G-1 of petitioner's companies project "Amrapali Silicon City" proposed to be developed at Plot No. GH-1A, Sector-76, Noida. During the course of investigation, it has been found that Tower G-1 in the aforesaid project was never sanctioned by the Noida Authority and in furtherance of criminal conspiracy, the petitioner sold/allotted 26 flats to the complainant in the said tower and being induced by the accused persons, the complainant agreed to invest in the said project and made full and final payment of Rs.6.60 crores against the said flats in November, 2011.

4. Subsequently, on 28.02.2019, the petitioner along with two other co-accused namely Shiv Priya and Ajay Kumar were arres

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