AMIT YADAV Vs. STATE

JUDGEMENT

(1.) By way of present application under Sec. 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the applicant seeks anticipatory bail in case FIR bearing no. 46/2020 registered at Police Station R.K. Puram, New Delhi for the offences punishable under Ss. 406/420 of the Indian Penal Code, 1860 ('IPC').

(2.) The present FIR was registered on 31/1/2020 on the basis of statement of the complainant Sh. Sanjay Aggarwal who had alleged that the applicant/accused Amit Yadav, who was working with Delhi Police as Head Constable and was posted in the BDT Branch of Sec.-12, R.K. Puram, Delhi, had been operating various money investing schemes (popularly known as 'committee' in Hindi) groups under his name and collecting payments through these investing schemes from the members while promising a beneficial return. It was alleged that the applicant had allured the complainant to join the investing schemes, assuring that his money would be safe and he would return it well within time. It was further alleged that over the last few years, the applicant had been taking money from the complainant and instead of returning the amount on maturity, he had involved the complainant in new investing schemes everytime. As stated by the complainant, the applicant had not returned even his principal amount of Rs.1.95 crores. Thus, the present FIR had been registered under Ss. 406/420 IPC.

(3.) During the course of investigation, a detailed statement of the complainant was recorded wherein he informed that he had known the applicant/accused since the year 2012, and that the applicant used to run small money investing schemes from Sector-8, RK Puram Market. It was stated that complainant had earlier invested Rs.9.00 lakhs in 2012, Rs.15.00 lakhs in 2013 and Rs.48.00 lakhs in 2014, and the same had been returned on time alongwith promised interest/benefits. It was further stated that in October, 2016, the complainant had invested about Rs.1.95 crores in different investing schemes operated by the applicant/accused, which he had taken on pretext of investing in housing projects, but the same had never been returned to the complainant. Further during investigation, statements of some of the shopkeepers of Sector-8, RK Puram market were recorded who informed that the accused had been operating such investing schemes.