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Kailash Gupta v. the State Govt of NCT of Delhi & Anr.

Delhi HC5 Feb 2018BAIL APPLN./290/2018

Case brief

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What is this about?

This single paragraph order grants anticipatory bail to the petitioner in a cheating FIR, conditioned on voluntary payment of alleged cheated amount to the complainant and furnishing a personal bond for future arrest. Application disposed.

What did the court decide?

Granted anticipatory bail and personal bond of `40,000/- with one surety; directed payment of `7.80 lacs to complainant.

Kailash Gupta Vs the State Govt of NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2018)

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$~21

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 290/2018

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KAILASH GUPTA ..... Petitioner

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Through : Mr.L.G.Dass, Advocate with Mr.Abinash Mishra, Advocate.

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versus

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THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through : Mr.Ravi Nayak, APP with SI Ravi Kumar, Sadar Bazar.

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Mr.Krishan Kumar, Advocate with Mr.Sunita Arora, Advocate for the complainant.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 05.02.2018

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CRL.M.A.No.2190/2018 (Exemption)

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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BAIL APPLN. 290/2018

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The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.400/2014 registered under Sections 468/471/420/34 IPC at PS Sadar Bazar. Status report not filed.

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I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file. The parties are related to each other. Several disputes are pending between the two.

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Page 1 of 2

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During the course of arguments, the petitioner’s counsel, on instructions, offered to pay ` 7.80 lacs voluntarily to the complainant without prejudice and subject to future adjustment (if any).

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Considering the facts and circumstances of the case and the petitioner’s offer to pay the alleged cheated amount 7.80 lacs to the complainant without prejudice and subject to future adjustment, he is granted anticipatory bail and in the event of arrest, he be released on furnishing personal bond in the sum of 40,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. He shall, however, join the investigation as and when required. He shall pay ` 7.80 lacs to complainant within a week through Investigating Officer by way of Demand Draft in her name. This payment shall be without prejudice and subject to future adjustment. 5. The bail application stands disposed of.

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S.P.GARG, J.

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FEBRUARY 05, 2018 / tr

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Kailash Gupta v. the State Govt of NCT of Delhi & Anr.

Case brief

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Kailash Gupta v. the State Govt of NCT of Delhi & Anr.

Case brief

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