Mr. Aryan Verma, Mr. Shivam, Ms. Smriti Walia and Mr. Mayank Deswal, Advocates v. STATE

BAIL APPLN. 4693/2024 Page 1 of 4 $~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 4693/2024 & CRL.M.A. 2212/2025, CRL.M.A. 2213/2025, CRL.M.A. 10403/2025 RAMAN BHATIA .....Applicant Through: Dr. Alok, Mr. Dhananjay Mittal, Mr. Aryan Verma, Mr. Shivam, Ms. Smriti Walia and Mr. Mayank Deswal, Advocates. versus STATE (GOVT OF NCT OF DELHI) & ANR. .....Respondents Through: Ms. Richa Dhawan, APP for the State with SI Ghanshyam, PS Shahbad Dairy and SI Ajay, PS Prasad Nagar. Ms. Sakshi Arora, Mr. Vicky Kumar, Ms. Konika, Advocates for complainant along with Mr. Dilip Kumar/complainant in person. CORAM:HON'BLE MR. JUSTICE AMIT MAHAJANO R D E R% 30.07.20251.The present application is filed seeking pre-arrest bail in FIR No. 805/2024 dated 08.11.2024, registered at Police Station Shahbad Dairy for the offences under Sections 318(4)/338/336(3)/340(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’). 2.This Court by order dated 23.12.2024 had directed the State not to arrest the applicant, subject to him joining the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/08/2025 at 12:35:54 BAIL APPLN. 4693/2024 Page 2 of 4 investigation. The Court had also directed the applicant to deposit a sum of ₹ 30 lakhs in the name of the Registrar General of this Court. 3.The FIR was registered pursuant to a complaint alleging that the applicant had agreed to sell a property bearing no. G4/144, Sector-11, Rohini, Delhi (‘subject property’) to the complainant on the basis of forged and fabricated documents. The complainant had alleged that pursuant to the Agreement to Sell a sum of ₹30 lakhs was paid by him. It is the case of the applicant that he himself had purchased the property by way of a Sale Deed dated 26.10.2023, duly registered with the concerned Sub-Registrar for a total sum of ₹70 lakhs. The applicant is also stated to have taken loan on the subject property from Indian Overseas Bank (‘IOB’) and was servicing the said amount. 4.The applicant in order to show his bonafide had stated before this Court that in case of defect in the title, he is even otherwise willing to refund the entire alleged cheated amount received under the Agreement to Sell, which persuaded this Court to pass the order dated 23.12.2024, directing the petitioner to deposit a sum of ₹30 lakhs before the learned Registrar General of this Court. 5.Whether the applicant had any intention to cheat the complainant would be subject matter of trial and ought not to be commented upon at this stage. However, it cannot be denied that pursuant to the interim protection granted by the learned Magistrate, the applicant has since joined the investigation. It is however claimed by the learned Additional Public Prosecutor for the State that the applicant is not co-operating in the investigation. 6.Undisputedly, the entire cheated amount has been This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/08/2025 at 12:35:54 BAIL APPLN. 4693/2024 Page 3 of 4 deposited before this Court. In the opinion of this Court, custodial interrogation of the applicant is not required. 7.In view of the above, the present application is allowed and the applicant, in the event of arrest, is directed to be released on bail on furnishing a personal bond for a sum of ₹50,000/- with two sureties of the like amount subject to the satisfaction of the concerned SHO, on the following conditions: a.The applicant shall join and cooperate with the investigation, if required, as and when directed by the IO; b.The applicant shall not leave the country without the prior permission of the learned Trial Court; c.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever; d.The applicant shall appear before the learned Trial Court as and when directed; e.The applicant shall provide the address where he would be residing and shall not change the address without informing the concerned IO/SHO; f.The applicant shall give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times. 8.In the event of there being any violation of the stipulated conditions, it would be open to the State to seek redressal by filing an application seeking cancellation of the bail. 9.It is clarified that the observations made in the present order are for the purpose of deciding the present bail application, and should not influence the outcome of the Trial and should not be taken, as an expression of opinion, on the merits of the case. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/08/2025 at 12:35:54 BAIL APPLN. 4693/2024 Page 4 of 4 10.The learned counsel for the applicant, on instructions states that the applicant has no objection if the amount of ₹30 lakhs lying deposited before this Court, is released in favour of the complainant without prejudice to the rights and contentions. 11.In view of the above, the Registry is directed to release the amount lying deposited pursuant to the order dated 23.12.2024, alongwith interest if any, to the complainant after verifying his identity. 12.The amount so released in favour of the complainant would be subject to the orders that may be passed by the concerned Court in future. 13.It is also made clear that the same may not be taken as an admission of guilt by the applicant. 14.The present bail application is allowed in the aforesaid terms. AMIT MAHAJAN, JJULY 30, 2025 DU