A Haryana Court in Panchkula recently granted bail to Raj Singh Gehlot, the owner of Ambience Mall, who is accused of defrauding a couple in a license scam. The case revolves around allegations that Gehlot misled the couple by securing a commercial license while promising to develop a group housing colony.
Special Judicial Magistrate Anil Kumar Yadav granted Gehlot bail on a bond of ₹1,00,000. The court noted, “There is nothing on record to even prima facie support the prosecution’s apprehension that the accused might flee if granted bail. It is well-established that bail is the rule, and jail is the exception.”
The complainants, Amitabha Sen and Deepika Sen, accused Gehlot, Director of Ambience Developers & Infrastructure Pvt. Ltd., of intending to deceive them from the start. They alleged that Gehlot sought a commercial license for an 8-acre property on July 18, 2000, while initially promising to develop a group housing colony. Gehlot allegedly applied for the license on September 28, 2001, to convert the land into a commercial colony, even before signing a Buyer Builder Agreement with the couple. This, they claimed, amounted to deliberate concealment and fraud, leading to wrongful financial loss for them and gain for Gehlot.
Although the Central Bureau of Investigation (CBI) investigated the case, Gehlot was never arrested. The trial court later summoned him, prompting him to file a bail application.
During the bail hearing, Gehlot’s counsel argued that the investigation had been completed, and Gehlot had fully cooperated. They also pointed out that the CBI chose not to arrest Gehlot during the investigation and that the chargesheet had been filed.
Citing several Supreme Court judgments, the court emphasized that when an accused faces a potential punishment of up to seven years, has cooperated with the investigation, and has not been arrested by the investigating agency, they should generally be granted bail, barring any exceptional circumstances.
With these considerations, the court granted conditional bail to Gehlot.
Public Prosecutor Jaswinder Kumar Bhatti represented the CBI, while advocates Tanveer Ahmed Mir and Tushan Rawal appeared on behalf of Gehlot.
