The main legal point established in the judgment is that active involvement in the offense of fraud and cheating, association with multiple similar cases, and the absence of special circumstances do not warrant the grant of regular bail under Section 437 Cr.P.C.

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in these petitions, filed under Section 439 read with Section 482 of the Cr.P.C, is for grant of regular bail to petitioners Mamta and Rituraj Yadav in FIR No. 9 dated 08.01.2022, registered under Sections 420, 465, 467, 468, 471, 506 and 120-B of the IPC Act at Police Station Manesar, District Gurugram.Learned counsel for the petitioners has argued that as per allegations in the FIR, registered at the instance of complainant-Monesh Israni, it is alleged that the accused persons have played fraud and cheated him for an amount of Rs. 64.49 crores on the pretext of providing tenders for construction of housing projects of National Security Guards, Manesar (hereinafter referred to as 'NSG, Manesar') by forging the documents of the office of Director General, NSG, Manesar and by opening and operating a fake bank account bearing No. 9210200000936255 in Axis Bank, NSG, Manesar in name of G.C. (Garison) NSG, Manesar.

2. It is further alleged that the complainant is the Director and authorized person of M/s Narain Dass R. Israni Co. (P) Ltd. and in the month of September, 2021, the Directors of the complainant-company were approached by co-accused Parveen Yadav (who is the husband of petitioner Mamta and real brother of petitioner Rituraj Yadav) pretending himself to be an IPS Officer and Station Commandant NSG by giving his mobile number and Aadhar Card number through co-accused Dinesh Mohan Sorkhi, who pretended to be an old friend of Parveen Yadav. Both the accused projected and allured the complainant that there are two big housing projects in NSG, Manesar and if the complainant gives his bid, they will get them allotted the work. The complainant was regularly called to NSG, Manesar campus by the aforesaid two persons and they would meet the accused in Officers' Mess of NSG, Manesar. On such allurement, the accused persons gave a letter dated 08.09.2021 to complainant for calling quotation for 740 type III residential quarters and another letter dated 16.10.2021 for calling quotation for construction of residential quarters, which was received by Speed Post. The complainant, believing the representation of the accused persons to begenuine regarding aforesaid two tenders, deposited an earnest money of Rs. 17,71,56,000/- by way of Cheque No. 001811 dated 21.09.2021, drawn on Bank of Baroda in the name of "Office of CG (Garrison) Station Head Quarters NSG" and made another payment of Rs. 46,78,25,220/- by way of Cheque No. 001829 dated 03.11.2021, drawn on Bank of Baroda in the name of "Office of CG (Garrison) Station Head Quarters NSG". Both the cheques were cleared into the account No. 92102000036255 at Axis Bank, NSG, Manesar Branch. The accused provided a letter dated 22.10.2021 intimating the lowest bid (L-l) through post and acknowledged the documents, as per details given in the FIR. It was further stated that letter of acceptance of tender will be received in the first week of January, 2022 along with agreement and letter of intent. In the meantime, the accused persons used to visit the complainant and they would pretend to talking to various other persons in the office of NSG, Manesar and other vendors, who would supply various commodities to NSG, Manesar.

3. It is further stated in the FIR that for 02/03 days, accused Parveen Yadav and other co-accused stopped attending the phone calls of the complainant and when he visited the house of Parveen Yadav, he came to know that he along with his family has left the house and later on, it came to his notice that the entire act was a fraudulent act of cheating the complainant by preparing and using forged documents, which were even used for opening a new bank account in Axis Bank in the name of "Office of GC (Garrison) Station Head Quarters NSG" and "EMD for Central Warehouse NSG" and in that manner, the complainant has been cheated and defrauded of an amount of Rs. 64.49 crores.Learned counsel for the petitioners further submitted that later