Sunil Mehra vs The State (Govt. Of Nct Of Delhi) on 20 July, 2018

HON’BLE MS. JUSTICE MUKTA GUPTA
1. By this application the petitioner seeks anticipatory bail in case FIR
No.174/2017 under Sections 406/34 IPC registered at PS Rajinder Nagar on
the complaint of Deepak Gambhir.
2. In the complaint Deepak Gambhir alleged that he was residing at
6B/8, Old Rajinder Nagar and have been doing business of cloth at Gandhi
Nagar in the name of Yogesh Trading Company. According to him he used
to do cash transactions of ₹2.5 to ₹3 crores daily. The petitioner, who is a
resident of 3/15, Second Floor, East Patel Nagar, is an agent of cloth and

BAIL APPLN.2378/2017 Page 1 of 7
thus Deepak Gambhir knew him for the last 12-15 years due to the long
business relationship. As the house of the complainant was under
construction for 3-4 months, it was risky for him to keep cash at his house.
Besides, his father-in-law was unwell and he had to frequently visit the
hospital. Therefore, he gave ₹2 crores to Sunil Mehra, the petitioner herein,
for keeping safely. ₹1 crore was given to him by the complainant at his
residence in front of Pradeep Gattani and Parveen Gadhok and ₹1 crore was
given by his nephew Gagan and his driver Jait Ram to Sakshi Mehra, wife of
Sunil Mehra and his son Vaibhav Mehra at their residence. This amount
was to be returned by him on 3rd October, 2016. On 1st October, 2017,
father-in-law of the complainant expired. Sunil Mehra came to the
cremation ground at 4.00 P.M. and thereafter went to his house. After about
half an hour, the complainant received a call from Sunil Mehra that a theft
had taken place in his house and all the money had been stolen. The
complainant, his younger brother and his nephew Gagan reached the house
of Sunil Mehra and saw that he had called the police but surprisingly no
door was broken, the interlock of the iron door was as it is and besides the
money of the complainant, nothing special had been stolen. The complainant
asked Sunil Mehra to give the exact amount in the complaint to the police
which had been handed over by the complainant to him and give a copy of
FIR to him. When the complainant asked where he was yesterday, he
replied that he had gone to Chandigarh to attend the business meeting and on
a query as to where his mother, wife and son were, he stated that they had
also gone with him to Chandigarh. As per the information of the
complainant, petitioner had no business relations in Chandigarh and if the
whole family had to go outside, they should not have left the money at home

BAIL APPLN.2378/2017 Page 2 of 7
and handed over the same to him. According to the complainant Sunil
Mehra in conspiracy with his wife and son, committed fraud on his money
and lodged a fabricated report of theft which was bogus. When the
complainant downloaded the copy of the FIR he was shocked to note that
Sunil Mehra had not written the money which had been stolen though
complainant had specifically told him to get the same written. On 6th
October, 2017 he again came to know that Sunil Mehra had got registered
another FIR for second theft in his house to destroy the remaining evidence.
Thus the entire story of Sunil Mehra was fabricated to commit criminal
breach of trust of the complainant’s money.

Source: Indian Kanoon

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