Serious allegations of fraud and misappropriation justify denial of bail; medical concerns do not outweigh risk factors associated with the case.

JUDGMENT

Swarana Kanta Sharma, J.

1. The petitioner through instant application filed under Section 439 read with Section 482 of the Code of Criminal Procedure (hereinafter "Cr.P.C."), 1973seeks regular bail on medical ground as well as on merits in case/FIR no. 270/2019, registered at Police Station Economic Offences Wing (EOW), District-East, Delhi for the offences punishable under Sections 409/420/406/120B of the Indian Penal Code, 1860.

2. The brief facts of the case are that FIR bearing no. 270/2019 was registered against the petitioner and other co-accused for the offences punishable under Sections 409/420/406/120B of IPC. It is alleged that Flat No. S-904 was allotted to the Complainant vide letter no. 029/S/904/5882/09 dated 23.10.2009 in project called "AMRAPALI SAPPHIRE" located at Plot No. GH-003, Sector-45, Noida, Uttar Pradesh. It is further alleged that after receipt of sufficient payment, the applicant/petitioner and others have not completed the project. It is revealed from the investigation that completion certificate has not been obtained and the project was not completed even after 10 years of launch of project namely Amrapali Sapphire Phase 1 and 2. It is further alleged that payments were received from home-buyers even prior to sanction of first layout plan. Accused company and director i.e., petitioner herein have represented to the public at large that they had obtained necessary approval from the concerned authority to develop projects. During investigation, it came to the notice that there are other complaints lodged by Atul Saini, Ahviani Suthar, Shaili Shalini and Devender Kumar Pathak with the same allegations that all of them had paid substantial amount of money to the applicant/builder but possession of flat was not handed over to them.

3. Learned Counsel for the petitioner stated that the learned Trial Court failed to consider the fact that Petitioner has been admitted to regular/interim bail on medical grounds in nineteen (19)cases pertaining to Police Station Economic Offences Wing(EOW) on the basis of Petitioner's medical condition subsequent to confirmation by Medical Board comprising of seven Medical Professionals of AIIMS, New Delhi and further co-accused in the case being Director of the company has been admitted to anticipatory bail.

4. It is further stated by learned Counsel for petitioner that petitioner is in judicial custody since 07.08.2021 and twice he was released on interim bail vide order dated 17.09.2020 and 13.08.2021 and petitioner had surrendered on time and he did not misuse the liberty of bail. It is further stated that medical condition of petitioner is not good and he requires constant medical attention. It is also stated that the co-accused i.e., Rattan Singh Adhana, Suresh Kumar Sharma and Naveent Kumar were released on bail vide order dated 04.02.2022, 05.02.2022 and 17.02.2022 respectively.

5. It is also stated by learned Counsel for petitioner that he is not a potential absconder and offences against the petitioner are based on documents and the documents are in custody of the forensic auditor and therefore there are no chance of tampering with the evidence. It is further stated that the trial shall take considerable time to conclude, and no useful purpose shall be served by keeping the petitioner in judicial custody.

6. On the other hand, learned APP for the State states that the allegations are serious in nature and charge sheet as well as supplementary charge sheet in the present case has already