JAMMU: Even as the Crime Branch wing of Jammu and Kashmir Police on Friday carried out simultaneous raids at the house and offices of builder Amar Nath Choudhary at Akhnoor Road and Talab Tillo here, the 2nd Additional Sessions Judge Jammu M K Sharma rejected the pre-arrest bail of Choudhary and his wife Mohini Devi, who are alleged to have committed fraud with the people regarding allotment of flats at Royal Palm.
According to Crime Branch, the petitioners Amar Nath Choudhary and his wife Mohini Devi have been booked under FIR 24/2016 for the commission of offences punishable under sections 420/406/120-B RPC with the allegations that they alongwith their son Radhey Shyam Chowdhary, entered into a joint venture with M/S Ridhi Sidhi Infra Projects Pvt. Ltd for construction of a multiplex on a piece of land owned by the petitioners/accused.
As per the terms of agreement, M/S Ridhi Sidhi Infra Projects Pvt. Ltd was to raise the multiplex and the profit had to be shared by both the parties as per agreement. The petitioners cum accused Choudhary family members were under obligation to transfer the space in the multiplex by way of sale deeds in favour of the investors.
It is alleged that they in order to cheat the investors as well as the partners, have backtracked from discharging their obligation.
On the basis of preliminary enquiry, Crime Branch registered an FIR for the commission of offences punishable under sections 420/406/120-B RPC. The Choudharys had filed petition under Section 497-A of the Code of Criminal Procedure, seeking bail in anticipation of arrest.
2nd Additional Sessions Judge Jammu M K Sharma observed that it appears that it is not a case of false implication nor it has been registered at the instance of some unscrupulous or irresponsible persons.
“Moreover, anticipatory bail is not to be granted as a matter of rule. It is to be granted only in special cases when some influential persons try to implicate their rivals in false cases for the purpose of disgracing them. Some very compelling circumstances must be made out for granting anticipatory bail to a person accused of economic offences and that too, when investigation is in progress. In the instant case also, the investigation is in infancy and grant of bail in anticipation of arrest may hamper the investigation. The case involves hard earned money of dozens of investors for residential or commercial space in the multiplex and moreover, economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences effecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. On this ground also, Court is of the opinion that the petitioners are not entitled to the protection of bail in anticipation of arrest in the aforesaid case. With these observations Court rejected the bail application”, the court observed.
The CB team also conducted a raid at his house and office at Talab Tillo. However, he along with his wife and son had managed to flee.
Accusing of being duped by the local partners of Palm Island Mall constructed at Akhnoor Road, the investors who have not yet received the sale deeds or sale agreements have constituted Palm Island Mall Clients’ Committee. They are demanding action against Amar Nath Chourdhary and others for cheating.