MOHD. RASHID vs THE STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 3, 2025 + BAIL APPLN. 2837/2025, CRL.M.A. 22102/2025 & CRL.M.A. 33915/2025 MOHD. RASHID .....Applicant Through: Mr. Javed Ahmad & Ms. Aakriti Aditya, Advs. versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Ritesh Kumar Bahri, APP for the State with Ms. Divya Yadav & Mr. Lalit Luthra, Advs. SI Harish Kumar, PS- Chandni Mahal Ms. Sangita B., Adv. for complainant CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present application is filed seeking pre-arrest bail in FIR No. 42/2025 dated 15.01.2025, registered at Police Station Chandni Mahal, for the offence under Sections 420/34 of the Indian Penal Code, 1860. 2. The FIR was registered pursuant to a complaint given by the complainant that he had entered into an Agreement to Sell dated 20.08.2019 with the applicant for purchasing one flat, and Signature Not Verified Signed By:HARMINDER BAIL APPLN. 2837/2025 Page 1 of 5 KAUR Signing Date:03.12.2025 21:27:52 pursuant to the same, he had paid a sum of ₹6,00,000/- in cash to the applicant. It is alleged that the flat was never offered to him and the money was also not returned. 3. The applicant is stated to be a builder who had entered into a Memorandum of Understanding with the owners of the subject property for construction of the flat and the subsequent sale. 4. By order dated 31.07.2025, this Court had granted interim protection to the applicant noting the submission made on behalf of the applicant that he had always been willing to refund the amount taken from the complainant, and he had also refunded a sum of ₹1,00,000/- to the complainant. It was also noted that the applicant was willing to deposit the remaining amount of ₹5,00,000/- with this Court to sh