Sessions Court Grants Anticipatory Bail In Gold Trading Fraud Case, Notes No Evidence On Record Substantiating Money Receipt By Accused

Allegations in the Case:

  • The de facto complainant invested money into a gold trading business run by accused persons A1 through A5.
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  • The promised returns on the investment were not provided by A1 to A5.
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  • 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.
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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.
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  • Unexplained Delay: The complaint was filed after a substantial delay of five years.
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  • 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

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