DEEPAK GOYAL Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No. 229/2013 registered under Ss. 420/467/468/471/34 IPC at Police Station Uttam Nagar, Delhi.

(2.) Mr. Sanjay Hedge, learned Senior Counsel for the applicant, contended that the applicant has been falsely implicated in the present case at the behest of the complainant. It was submitted that the applicant has been in custody for a total of about 41 months and the charge sheet having been filed, he is no longer required for any investigation. It was further submitted that the charge sheet in the case was initially filed in the year 2013, whereafter two supplementary charge sheets have been filed but till date, charge has not been framed.

(3.) On merits, it was stated that the applicant came in contact with the complainant through one common friend and co-accused, namely Dharmender Yadav. As per the prosecution case, the applicant has cheated the complainant to the tune of Rs.30.00 crores. During the pendency of bail proceedings before the Sessions Court, the applicant entered into a settlement on 20/7/2013, in pursuance of which, although the entire settled amount was not paid, a land worth Rs.8.00 crores was transferred to the complainant. Subsequently, on 25/2/2014, another settlement was arrived at with the complainant, which again did not fructify. The applicant, however, paid an amount of Rs.50.00 lacs to the complainant. Soon after, a third settlement was entered into between the parties on 10/12/2014, terms of which were again not fulfilled, though the applicant paid a sum of Rs.1.21 crores. In total, the applicant is stated to have paid Rs.3.90 crores to the complainant.