SARITA KASTURI Vs. SUNIL PAHUJA

JUDGEMENT

(1.) This is first bail application filed by the applicant-Smt. Sarita under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.1886/2020 registered at Police Station-Annapurna, District-Indore (MP) for the offence punishable under Section 420 of Indian Penal Code, 1860.

(2.) The non-applicant/complainant-Sunil Pahuja has filed a private complaint against the applicant under Section 420 of Indian Penal Code, 1860 before the JMFC, Indore in which it was alleged that the accused-Ghanshyam and applicant- Smt. Sarita had contacted the complainant and lured them into handing over to them a large sum of money (3.94 Crores) with an assurance that the aforesaid amount shall be invested in such a manner that huge profit shall accrue to the complainant. The aforesaid amount of Rs.3.94 Crore was given by the complainant and his family members and the applicant-Sarita and her husband-Ghanshyam executed 'Hundi Chhitthi', however, the accused failed to fulfill the promise and due to constant pressure made by the non- applicant/complainant had given the complainant eight cheques of Rs.5.00 lakh each from 25.08.2020 to 01.03.2021.

(3.) In the application, it has been mentioned that applicant- Sarita Kasturi lodged a complaint at Annapurna Police Station, Indore alleging harassment and threat meted out by the non-applicant/complainant and his brother-Deepak Pahuja. On receiving this complaint, police took up the matter but the complainant states that police tortured them and failed to take any action against the applicant and her husband-Ghanshyam. The non-applicant/complainant then filed the complaint and on the basis of statements of complainant and his witnesses, a case under Section 420 IPC has been registered against the accused persons.