GARIMA GUPTA Vs. STATE

JUDGEMENT

(1.) The petitioner-Garima Gupta, presently on interim bail since 04.03.2019 in relation to FIR No.46/2018, PS EOW Cell, Mandir Marg, New Delhi dated 13.03.2018 registered under Sections 406/409/420/120B of the Indian Penal Code, 1860, seeks the grant of regular bail in relation thereto. The applicant is indicated to have been arrested on 04.08.2018 and was in custody till 03.03.2019 with the charge sheet having been filed on 25.10.2018. The applicant vide the present bail application apart from seeking regular bail, had also sought the extension of interim bail granted to her from 04.03.2019 which was to expire on 18.03.2019.

(2.) Vide order dated 18.03.2019 in the present bail application, interim bail granted to her was extended on the same terms and conditions as set out in the order dated 25.02.2019 of the Court of the learned ASJ with the prayer made by the applicant before the Trial Court for extension of the period of interim bail having been declined vide order dated 14.03.2019. The said interim bail was thereafter extended vide orders dated 10.04.2019, 23.05.2019, 30.08.2019, 16.09.2019, 15.11.2019 and 10.01.2020 with it having been directed vide order dated 10.01.2020 that the application was heard with submissions made on behalf of either side and the status report in terms of order dated 15.11.2019 having been submitted on behalf of the State with an additional affidavit with annexures having been filed by the petitioner and that the interim order would continue till pronouncement of orders in the bail application under consideration.

(3.) As per the status report dated 06.04.2019 submitted by the State under the signatures of Assistant Commissioner of Police, Section- V:EOW : Delhi Police, Mandir Marg, New Delhi, the FIR No. 46/18, Dt. 13.03.18, U/s 406/409/420/120-B of the Indian Penal Code, 1860, PS-EOW was registered on the joint complaint of Smt. Durga Kumari and 30 other complainants/investors against the Company M/s MSA Developers Pvt. Ltd. having its Regd. office at 11/37, Ground Floor, Old Rajinder Nagar, New Delhi with it having been alleged that in April 2013, the accused company namely MSA Developers Pvt. Ltd. had made a pre-launch of a project in the name of "MSA Circuit Heights" which was to come up at Plot No. GH-G4, Jaypee Greens Sports City, SDZ, Sector-25, Yamuna Expressway Industrial Development Authority, Gautam Budh Nagar, UP and that the said company had also brought out various representations through advertisements and brochures to allure the complainants to book the apartments/flats in the said project. It was submitted on behalf of the State through the said status report that the accused company and its representatives misled the investors that the said company had already acquired the requisite land and license to start the project and that the accused company had started accepting the booking much before the statutory approvals from the concerned authority and that the money collected from the complainants/investors were siphoned off to the different accounts.