ANIL MITHAS vs STATE(NCT OF DELHI)

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 13.11.2025 Pronounced on: 10.12.2025 + BAIL APPLN. 171/2025 ANIL MITHAS .....Petitioner Through: Mr. Manoj Singh and Mr. Abhay Singh, Advs. versus STATE(NCT OF DELHI) .....Respondent Through: Mr. Aashneet Singh, APP with SI Amit PS EOW. Mr. Mohd. Faris, Adv. for the victim. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present bail application is filed by the petitioner under Section 482 read with Section 528 BNSS [previously Section 438 read with Section 482 Cr.P.C.] seeking anticipatory bail in case FIR No. 94/2020 dated 11.08.2020 registered under Sections 409/420/120-B of IPC at PS Economic Offences Wing [EOW]. Factual Matrix 2. As per the allegations recorded in FIR, Mr. Dilip Kaul [“the complainant”] alleged that he had booked a residential flat in the project titled “The Aranya” at Sector-119, Noida, being developed by M/s Unnati Fortune Holdings Pvt. Ltd. [“UFHL”]. It is alleged that the project was marketed by its Directors, including the present BAIL APPLN. 171/2025 Page 1 of 11 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:10.12.2025 18:57:13 petitioner, who represented that Phase-III of the project consisting of several towers was ready for possession within the stipulated period. 3. The complainant, acting upon such representations, deposited substantial amounts towards the sale consideration, in some cases exceeding 80-90%, under the Builder-Buyer Agreement executed with UFHL. The complainant alleges that similar representations were made to several other buyers, who too deposited large sums of money between 2013-2014. 4. It is alleged that despite receiving such substantial consideration from the complainant and other buyers, the accused