BAIL APPLN. 3750/2021 & Anr. Page 1 of 14

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 17^th January, 2022

IN THE MATTER OF:

+

BAIL APPLN. 3750/2021

SUNDER SINGH BHATI

..... Petitioner

Through

Mr. Pradeep Singh Rana, Mr.Ankit

Rana, Mr.Abhishek Rana, Mr.Nitish

Pande, Advocates

versus

THE STATE

..... Respondent

Through

Mr. Amit Chadha, APP for the State

with SI Shiv Dev, P S EOW

AND

+

BAIL APPLN. 3921/2021

RAJESH MAHTO

..... Petitioner

Through

Mr. Kumar Piyush Pushkar, Advocate

versus

STATE (NCT OF DELHI)

..... Respondent

Through

Mr. Amit Chadha, APP for the State

with SI Shiv Dev, EOW

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

The Petitioners seek regular bail in FIR No. 89/2019 dated 01.06.2019

registered at Police Station Economic Offences Wing for offences under

Sections 406/420/409/120B of the Indian Penal Code, 1860 (hereinafter,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000192

BAIL APPLN. 3750/2021 & Anr. Page 2 of 14

“IPC”).

2.

The facts, in brief, leading up to these petitions are as follows:

a.

A complaint was filed by ex-serviceman, Sh. Dharmender

Singh, stating that SMP IMPEX Pvt. Ltd. (Hello Taxi)

(hereinafter, “the Company”), and its Directors/Officials, Dr.

Saroj Mahapatra, Mr. Rajesh Mahto, Ms. Daisy Vijay Menon,

Mr. Sunder Singh Bhati and other unknown persons had

committed cheating and fraud.

b.

It is stated that the Complainant had received a message and an

email from the Company stating that if he invested his money,

they would give him a 200% return within 1 year. The

Directors, Dr. Saroj Mahapatra and Rajesh Mahto called the

Complainant and invited him to Netaji Subhash Place where

they told him about the Company and explained their plans to

expand it on the lines of Uber/Ola. They told the Complainant

that the Company was registered with RBI and SEBI. They

further made the Complainant meet one Mrs. Daisy Vijay

Menon who showed the Complainant the plan of the Company.

c.

It is stated that after much insistence, the Complainant invested

Rs. 9,00,000/-. Further, the Complainant‟s friends, namely

Rajesh Kumar, Rajender Singh, Yogender Singh, Umed Singh,

Ajay, Sunil also invested Rs. 15 to 20 lakhs. It is stated that on

the 10^th of every month, instalment would be sent to the account

of the investors, however, after the first two months, no

instalment was made. On speaking with Harish Bhati and

Rajesh Mahto, the Complainant was informed that he would get

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000192

BAIL APPLN. 3750/2021 & Anr. Page 3 of 14

the third instalment by 15^th of the month, i.e. 15^th March,

however, the third instalment was still not made. On calling the

Company, Saroj Mahapatra showed the Complainant a clip

from social media showcasing that the Company‟s accounts had

been frozen.

d.

It is stated that the Complainant‟s money has not been returned

till date and that the accused do not pick up the calls of the

Complainant. Stating that the Complainant and many others

have been defrauded of their money, the complaint was filed on

the basis of which the instant FIR was registered.

e.

The Petitioner in BAIL APPLN. 3750/2021 filed an

anticipatory bail application before the Ld. Trial Court which

was dismissed vide Order dated 03.08.2019. The Petitioner in

BAIL APPLN. 3750/2021 was declared absconder/proclaimed

offender on 17.02.2020 and was arrested on 09.12.2020.

Anticipatory bail application before this Court was dismissed as

infructuous vide Order dated 16.08.2021. Bail application under

Section 437 Cr.P