A bail application can be granted despite prior cancellation if the investigation is complete and appropriate conditions can ensure the accused's presence at trial.

JUDGMENT

1. The present application is filed under section 439 Cr.P.C read with section 482 Cr.P.C for grant of regular bail on behalf of the applicant Jaspal Singh Anand under section in FIR bearing no. 0096/2018 under section 406/420/34 IPC registered at P.S. Economic Offences Wing and the applicant is stated to be in judicial custody since 31.05.2018.

2. The perusal of FIR bearing no. 0096/2018 reflects that it was got registered on the basis of complaint made by Maninder Singh s/o Surinder Singh wherein it was stated that the applicant and his wife namely Raminder Kaur @ Simmi are running a boutique at C-1/122, First Floor, Janakpuri, New Delhi under the name and style of Dulhan Boutique and are known to the complainant and his relatives. The applicant and his wife Raminder Kaur @ Simmi approached the complainant for taking a friendly loan with assurance to return the same back as early as possible. The complainant gave Rs.30 lakhs (Rupees Thirty Lakhs Only) as friendly loan through cheques drawn on Karur Vysya Bank, Janakpuri but the applicant and his wife did not return back the said amount, despite various requests made by the complainant. The complainant subsequently came to know that the applicant and his wife are the habitual cheaters and they have taken loan from several other persons and did not return back the loan amount. The applicant and his wife is stated to have sold their shop and houses and thereafter, transferred the money to other country and also were trying to flee from the country but were arrested.

3. It is stated in the application under consideration, that the complainant's have looted the boutique of the applicant and his wife for which FIR bearing no. 0096/2018 was got registered. The complainants were having financial transactions with the applicant and his wife. The complainant owes Rs.5,30,000/- (Rupees Five Lakh Thirty Thousand Only) to the applicant and his wife. The complainant did not have any dishonest intention or induced the complainant at any point of time. In the application, the details of the transaction with the other complainants who were surfaced during investigation have been narrated. The Bail application was rejected vide order dated 09.06.2022 passed by the Court of Shri Aashish Gupta, Additional Chief Metropolitan Magistrate, South West District, Dwarka. It is prayed that the accused applicant be released on bail.

4. The respondent/State filed the Status Report wherein it was stated that the present FIR was got registered on the basis of complaint made by Maninder Singh who advanced friendly loan of Rs.30 Lakhs (Rupees Thirty Lakhs Only) through different cheques to the applicant and his wife Raminder Kaur @ Simmi. During investigation, other persons namely Dayawati, Laxmi Seth, Aakanksha Khanna, Pushpinder Singh, Taranjit Singh etc., were surfaced as victims who have given about Rs.2.5 Crores to the applicant and his wife Raminder Kaur @ Simmi on false assurance to return their money on higher returns. The cheques given by the applicant and his wife were returned dishonored due to "insufficient balance" in their account. The present FIR involves multi-victims and there is in apprehension that the applicant and his wife Raminder Kaur @ Simmi may abscond to avoid investigation. The applicant Jaspal Singh Anand was arrested on 09.03.2018 and LOC against Ravinder Kaur @ Simmi has already been opened and subsequently, she was also arrested. However, the applicant and his wife Raminder Kaur @ Simmi were granted bail on the basis of settlement dated 25.03.2018 with the victims but the terms of settlement were not executed by the Applicant and his wife Raminder Kaur @ Simmi. During investigatio