BAIL APPLN. 2722/2021 & BAIL APPLN. 2746/2021 Page 1 of 22

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

BAIL

APPLN.

2722/2021

&

CRL.M.(BAIL)

986/2021,

CRL.M.As. 13268/2021, 13269/2021, 13545/2021, 14956/2021,

14957/2021, 15515/2021, 15516/2021

Reserved on : 26.10.2021

Date of Decision : 13.12.2021

IN THE MATTER OF:

SIDHARTH CHAUHAN

..... Petitioner

Through:

Mr.

Maninder

Singh,

Senior

Advocate with Mr. R.K Handoo,

Mr. Niranjan Singh, Mr. Shiv

Mangal Sharma, Mr. Saurabh

Rajpal and Mr. Rajiv Singh

Pilania, Advocates.

Versus

STATE (GOVT. OF NCT OF DELHI) THROUGH SHO

..... Respondent

Through:

Ms. Neelam Sharma, APP for

State.

Mr. Ajay Laroia, Mr. Tarun

Gupta, Ms. Madhu Laroia, Ms.

Jainika

Mohan,

Mr.

Rajinder

Kumar and Mr. Sandesh Kumar,

Advocates for complainants.

AND

BAIL APPLN. 2746/2021 & CRL.M.(BAIL) 995/2021

2021:DHC:4130

BAIL APPLN. 2722/2021 & BAIL APPLN. 2746/2021 Page 2 of 22

SIDHARTH CHAUHAN

..... Petitioner

Through:

Mr.

Maninder

Singh,

Senior

Advocate with Mr. R.K Handoo,

Mr. Niranjan Singh, Mr. Shiv

Mangal Sharma, Mr. Saurabh

Rajpal and Mr. Rajiv Singh

Pilania, Advocates.

Versus

STATE (GOVT. OF NCT OF DELHI) THROUGH

SHO

..... Respondent

Through:

Ms. Neelam Sharma, APP for

State.

Mr. Ajay Laroia, Mr. Tarun

Gupta, Ms. Madhu Laroia, Ms.

Jainika

Mohan,

Mr.

Rajinder

Kumar and Mr. Sandesh Kumar,

Advocates for complainants.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

1. The above-noted bail applications have been filed under Section

438 Cr.P.C. on behalf of the applicant seeking anticipatory bail in FIR

Nos.

97/2018

and

118/2018

both

registered

under

Sections

406/420/409/120B IPC at Police Station Economic Offences Wing,

Mandir Marg, New Delhi.

2. Since the applicant and respective counsels in both the bail

applications are same and common arguments have been advanced in

2021:DHC:4130

BAIL APPLN. 2722/2021 & BAIL APPLN. 2746/2021 Page 3 of 22

both the cases, the above-noted applications shall be disposed of vide a

common judgment.

3. While BAIL APPLN. 2722/2021 pertains to FIR No. 97/2018

which was registered with respect to project “Estella”, measuring 15.74

acres, housing 850 residential units in 16 towers, located in Sector-103,

Gurugram, Haryana, the BAIL APPLN. 2746/2021 pertains to FIR No.

118/2018 registered with respect to project “NCR One”, measuring

10.712 acres, housing total of 552 residential units in 10 towers and 5

executive floors, located in Sector-95, Gurugram, Haryana.

As per the allegations levelled in the FIR, while project “Estella”

is being jointly developed by M/s Sidhartha Buildhome Pvt. Ltd.

(hereinafter referred to as ‘the accused Company’) and Ansal Housing &

The applicant is stated to be the Managing Director of the accused

Company, holding 97% shareholding in the share capital thereof.

4. Mr. Maninder Singh, learned Senior Counsel for the applicant,

contended that no criminality is involved in the present cases, and rather,

the dispute relates to delay in construction of flats. He submitted that

both the FIRs pertain to the year 2018 and upon issuance of notices under

Sections 91 and 41A Cr.P.C. by the Investigating Officer, the applicant

has joined the investigation on more than 20 occasions and furnished all

the documents sought by the Investigating Officer. He further submitted

that the entire record relating to the construction of the projects is with

the Investigating Officer and no custodial interrogation of the applicant is

required.

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BAIL APPLN. 2722/2021 & BAIL APPLN. 2746/2021 Page 4 of 22

5. Learned Senior Counsel, while challenging the conclusions of the

Forensic Audit conducted by the Interim Re