The Delhi High Court has denied anticipatory bail to accused in a case involving an alleged ₹12.04 crore fraud arising out of a fake property deal relating to a flat in DLF Camellias, Gurugram.
Justice Anup Jairam Bhambhani, while dismissing the plea, noted that the allegations stem from a complaint that the accused persons induced the complainant to transfer ₹12.04 crore on the pretext of facilitating purchase of a high-value property through bank auction, supported by forged documents and false assurances.
Although the petitioner was not named in the FIR, the Court observed that his role had surfaced during investigation through multiple sources, including disclosure statements of co-accused, statements recorded under the Income Tax Act, and material recovered during searches. The Court noted that substantial sums were allegedly routed through the petitioner’s bank accounts as part of layered financial transactions designed to obscure the money trail.
The Court also took note of the prosecution’s case that the petitioner acted as a financial intermediary and may have played a central role in routing and circulating the proceeds of crime through various entities and accounts. It further recorded that the petitioner had failed to join investigation despite repeated notices, leading to issuance of non-bailable warrants and initiation of proclamation proceedings.
Emphasising that anticipatory bail is an extraordinary remedy, particularly in serious economic offences, the Court held that custodial interrogation was necessary to trace the money trail, identify other conspirators, and recover the alleged proceeds of crime. It also observed that the petitioner’s conduct in evading investigation weighed against grant of any pre-arrest protection.
Noting the larger context of similar allegations involving multiple transactions, the Court found no ground to exercise discretion in favour of the petitioner and dismissed the anticipatory bail application.
Appearances:
For the Petitioner: Mr. Mukul Rohatgi, Sr. Advocate with Mr. Abhinav Sharma, Mr. Avtar Singh and Ms. Ayushi Agarwal, Advocates
For the Respondent: Mr. Sanjay Lao, Standing Counsel for the State with Mr. Sanjeev Bhandari, ASC for the State, Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advocates.
SI Neeraj and Insp. Sohan Lal.
Mr. Tanmay Mehta, Mr. Rajeev Aggarwal, Mr. Ankit Gupta, Mr. Mayank Kamra, Ms. Sanya Kashyap, Mr. Manbhar Mittal, Advocates for complainant.
