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RAJNISH BHATNAGAR
Arvind Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
ORDER
Rajnish Bhatnagar, J.
1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 68/2021 under Sections 420/406/34 IPC registered at Police Station Dwarka South, District South-West, New Delhi.
2. In brief, the facts of the case are that the complainant gave a written complaint on 13.02.2021 wherein she had asserted that she is a 70 years old widow and has been cheated to the tune of Rs.1.59 Crores by the property agent namely Arvind Kumar (petitioner herein) on the pretext of selling house in Sector-10, Dwarka, New Delhi.
3. It has been alleged by the complainant that her daughter-in-law availed services of 'Urban Clap' for salon at home and for the said services, Mrs. Babli Tomar visited her house on 11.03.2019. She further alleged that said Babli Tomar told her that her husband Arvind Kumar (present petitioner) is a property dealer and he can get her best deals of property in Delhi. On the representation of Babli, the complainant contacted the petitioner Arvind Kumar. The complainant was interested in purchase of an immovable property. Accordingly, the petitioner Arvind Kumar showed her few houses in Dwarka N
The court considered the period of incarceration and the nature of the charged offenses in granting bail to the petitioner.
The court's decision emphasized the need to consider the specific circumstances of each case when granting bail, taking into account the nature of the offense, character of the evidence, and other re....
The court may grant bail if continued custody does not serve justice, especially in cases where evidence is predominantly documentary and recovery of items is not imminent.
Point of Law : Cases of similar in nature were pending - Bail granted - Pendency of other cases of similar nature by itself is no ground to refuse the bail to the accused.
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
Anticipatory bail is not granted where substantial evidence suggests active participation in fraud and multiple offenses, warranting custodial interrogation.
Criminal Proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the court. Superior Courts while exercising this power should also strive to se....
The gravity of the allegations, lack of cooperation in the investigation, and the need for custodial interrogation to recover the alleged cheated amount influenced the court's decision to dismiss the....
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