Allegations in the Case:
- The de facto complainant invested money into a gold trading business run by accused persons A1 through A5.
- The promised returns on the investment were not provided by A1 to A5.
- The specific allegation against the petitioner (Anil Bhandari) is that out of the money invested with A1, a sum of Rs. 2,30,00,000/- was transferred/paid to him.
Arguments Presented by Mr. Rahul Jagannathan & Legal Counsel:
The legal team representing the petitioner—comprising M/s. Rahul Jagannathan assisted by Ms Kavya Darshini V.—presented the following arguments:
- Innocence of Petitioner: The petitioner is completely innocent and has not committed any of the alleged offences.
- Unexplained Delay: The complaint was filed after a substantial delay of five years.
- Cooperation with Investigation: The police had issued a notice requiring the petitioner’s appearance. The petitioner expressed willingness to comply with the police notice and sought interim protection from arrest.
Clarification on Amounts: While the order notes that the de facto complainant’s primary investments were made with accused A1 to A5, the specific total figure of Rs. 10,00,00,000/- is not explicitly recorded in this bail order. The order specifically records that the allegation against the petitioner (A6) is limited to receiving Rs. 15,00,000/- from the funds invested with A1.
Court’s Findings & Final Order:
- Police Notice under BNSS: The Learned Additional Public Prosecutor (CPP) informed the court that the police had decided to issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for a hearing scheduled on July 9, 2026.
- Directions: The Principal Sessions Judge directed the petitioner to appear before the respondent police in compliance with the notice under Section 35(3) of BNSS.
- Protection against Arrest: The court directed the respondent police not to arrest the petitioner as long as he continues to comply with the terms of the notice under Section 35(3) of BNSS.
- Disposal: The anticipatory bail petition was disposed of accordingly
