O R D E R

The instant application has been filed under Section 438 of the Code of Criminal Procedure (hereinafter …2…

referred to as Cr.P.C.), seeking anticipatory bail in case FIR No.159 of 2020, dated 15.07.2020 registered in Police Station Sadar, District Shimla, Himachal Pradesh, under Section 420 and 120B of the Indian Penal Code (in short ‘IPC’).

2 Status Report stands filed. Record was produced and, after perusal, returned with direction to learned Additional Advocate General to retain the photocopies of relevant documents.

3. Petitioner has also filed certain documents to substantiate his prayer for enlarging him on bail.

4. I have heard learned counsel for the petitioner, learned Additional Advocate General and learned counsel appearing for the complainant, and also gone through the record placed before me.

5. As per Status Report, complainants Narender Bhardwaj and Jitender Bhardwaj, approached Police Post Lakkar Bazaar, Shimla, with a complaint, on the basis of which FIR No.159 of 2020 was registered in Police Station Sadar, District Shimla, Himachal Pradesh.

6. In the complaint, it has been submitted that petitioner and his wife, themselves and through their employees had represented that they are builders and developers in real estate and project known as Claridge’s Residency at Bharari Shimla was being developed and raised …3…

by them. Both the complainants, for representation on behalf of petitioner and others, had contacted the petitioner for purchasing Floors/Storeys/Flats from the petitioner and his Company and have booked two complete stories in second and third floor in Block ‘C’ being constructed in Claridge’s Residency Project at Bharari and total amount of consideration was settled as Rs.62,50,000/- of each floor and, accordingly, complainant had paid 10% of total amount of consideration of Rs.62,50,000/- each and the Company issued two separate allotment letters to complainant with identification and by passage of time on demand of petitioner and his Company, they paid Rs.67,000,16/- by each complainant separately but accused failed to hand over the possession to complainants and execute the sale deed with complainants and later on, it came in the notice of complainants that second floor booked by complainants has already been sold fraudulently by petitioner to one Komal Gupta, wife of Shri Anil Gupta and Shri Anil Gupta, vide registered sale deed dated 22.5.2017 registered at Sr. No. 263/2017 with Sub Registrar (Urban) Shimla and in aforesaid circumstances, complainants were constrained to lodge FIR against the petitioner.

7. After registration of FIR, Investigating Agency has carried investigation. It is stated in the Status Report that complainant party has paid Rs.1,34,000,32/- as full and final settlement to petitioner on different dates.

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8. It is stated in the Status Report that there are five FIRs, including the present one against the petitioner, registered in Police Station Sadar, Shimla, which are similar in nature. It is further submitted in the status report that earlier in point of time also as many as seven FIRs against the petitioner were lodged at various places in Punjab, Chandigarh and in some of those cases, he has been enlarged on bail. It is further in the Status Report that there are more than ten addresses of the petitioner or petitioner’s company, which have come in the knowledge of the police during investigation of the case which creates reasonable apprehension that after grant of bail it would be very difÏcult to ascertain presence of the petitioner during trial. It is also stated in the Status Report that at one point of time petitioner was declared proclaimed offender in one case and in present case, despite receiving amount of Rs.1,34,000,32/-, he has not handed over the possession of accommodation booked by complainants, which establishes his dishonest intention.

9. Lastly, it is submitted in the status report that there is possibility that petitioner would flee to foreign country