NITIN KUMAR SHARMA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17.07.2025 + BAIL APPLN. 2142/2024 NITIN KUMAR SHARMA .....Petitioner Through: Mr. Vishal Gosain and Mr. Nilanjan Dey, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP for State with SI Manoj Kumar, PS EOW. Mr. Pranav Proothi, Adv. Advocate for complainant. (appearance not given) CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. By way of the present petition under Section 439 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks the grant of Regular Bail in FIR No. 152/2018 dated 24.07.2018 for offence under Sections 406, 409, 420 and 120B of the Indian Penal Code, 1860 registered at Police Station Economic Offences Wing. 2. It is the case of the prosecution that the present FIR was registered on the basis of a complaint filed by Sh. R.S. Rohilla and others. As per the complainants, M/s Asian Developers Ltd. had, in Signature Not Verified Digitally Signed BAIL APPLN. 2142/2024 Page 1 of 8 By:RASHIM KAPOOR Signing Date:18.07.2025 21:12:06 the year 2012, advertised for the booking of flats and shops. Relying on such advertisement, various buyers booked units and made payments towards the same. The construction work, it is stated, continued up to December 2013 but thereafter came to a halt. It is further alleged that the accused persons executed agreements with the buyers despite being fully aware that they had no authority to sell the said units. The fact that the plot in question had been allotted solely for the purpose of constructing dwelling units for the staff of M/s Saera Auto India Pvt. Ltd. was allegedly concealed from the buyers. The builder, it is stated, had also assured time bound possession within a perio