Final Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. NEHA : LD. VACATION JUDGE
ADDITIONAL SESSIONS JUDGE -06
NEW DELHI DISTRICT, PATIALA HOUSE COURT
NEW DELHI.
Bail Matter No.973/2025
State v. Om Prakash Sanwaria
PS Cyber South West
FIR No. 39/2022
24.06.2025
Present : Sh. Himashu Garg, Ld. Addl. PP for State.
Sh. Ravindra Narayan, Ld. Counsel for applicant/
accused.
IO/SI Chander Shekhar in person.
Verification report regarding deposit of payment in the
account of accused is filed by the IO, as per which total Rs. 22 lac
was deposited in the account of applicant/accused by the
complainant and his wife.
This is an application under Section 483 BNSS seeking
regular bail filed on behalf of applicant/accused Om Prakash
Sanwaria.
Arguments heard.
Learned Counsel for applicant/ accused has argued that
applicant has been arrested on 14.05.2025 and he was produced
before Learned ACJM and he was granted one day PC. After one
day, he was sent to JC. The applicant has falsely implicated in the
matter. He is in custody since the date of his arrest. The applicant
has been falsely implicated in multiple cases by the same parties. He
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has been discharged/ acquitted in many of the cases and in other
cases, he has been released on bail. The complainant and other
persons had business dealings with the applicant who implicated
him in multiple cases without any fault. In the FIR, the complainant
had made allegations of cheating of Rs. 7 lacs and it is admitted by
the complainant that he received an amount of Rs. 5 lacs from the
family members of the applicant/accused during the period
applicant was in custody. No notice was served upon the applicant
u/s 41A Cr.PC and the police officials had taken his signatures on
the notice without serving the notice to him and he was arrested
without any reasonable grounds. The applicant had no links in the
commission of alleged offence. He has clean antecedents and he is
not previously convicted in any other criminal case. The applicant
undertakes to abide by the terms and conditions of bail imposed by
the Court and he may be granted regular bail.
On the other hand, learned APP would argue that the
allegations against the applicant/accused are serious. He is involved
in multiple cases of similar nature i.e. cheating and multiple FIRs
were registered against him. With the similar modus operandi, the
applicant has cheated the complainant of the present FIR and once
the FIR was registered against him, the family of the applicant made
part-payment of Rs. 5 lacs to the Complainant. The bank statement
later revealed that the complainant was cheated to the tune of Rs. 22
lacs and all these payments were transferred in the bank account of
the applicant. The applicant is habitual offender and if he is released
on bail, he may again commit similar offence. Therefore, he may
not be granted bail.
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I have considered the submissions, perused the reply
and the police file.
As per the allegations, the complainant came in contact
with accused through website and the accused promised to deliver
Kia Seltos car for which the complainant made payment of Rs. 7
lacs from his account, however, the accused defrauded him with the
said amount. The accused gave PDCs as security. Later when the
accused was contacted, his mobile number was switched off.
During investigation, the IO has verified and found that
a total of Rs. 22 lacs was deposited in the bank account on
applicant/accused from the account of the complainant as well as
the wife of the complainant. It was also found that the accused had
made his wife and sister as Directors of the company M/s
Foxbitdeals Market and Sales Pvt. Ltd., however, he was handling
all the affairs of the company. When the IO has recorded statement
u/s 161 Cr.PC of the complainant, he confirmed that he has
transferred the payment of Rs. 22 lacs in total from his account and
account of his wife.
Perusal of police file shows that notice was served
upon the applicant to join the investigation and to file reply,
however, he did not file any reply, thereafter, he was arrested. The
IO has filed the previous involvement of accused and the accused is
involved in 10 criminal cases prior to the present FIR.
Ld. Counsel states that out of these 10 criminal cases,
the accused has settled 6 criminal cases, in one case he has been
discharged and in two cases, he has granted bail and he is not aware
of one case registered in 2007.
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As per the allegations of the prosecution, the accused
has cheated multiple persons with similar modus operandi and he is
involved in criminal cases since 2018. The applicant/accused has
settled few matters with the victims of other FIRs. In the present
case, the applicant/ accused had returned amount of Rs. 5 lacs after
the accused was arrested in the present FIR.
Considering the allegations against the accused and
previous involvement of the accused, this Court is not inclined to
grant regular bail to applicant/accused Om Prakash Sanwaria.
Application is dismissed and disposed off accordingly.
Copy of order be given dasti to the Ld. Counsel for
applicant.
Copy of this order be also sent to concerned Jail
Superintendent for information.
(NEHA)
Vacation Judge/ ASJ-06 / New Delhi District
Patiala House Court/24.06.2025
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