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2011 Supreme(Del) 971

AJIT BHARIHOKE
Brahm Arenja – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates Appeared:
Mr. Neeraj K. Kaul, Sr. Advocate with Mr. Subodh K. Pathak, Advocate & Mr. Puneet Relan, Advocate for the Petitioner.
Mr. Vikas Pahwa, Sr. Advocate with Mr. Subodh K. Pathak, Advocate & Mr. Puneet Relan, Advocate for the Petitioner in Bail Application No. 1079/2011.
Ms. Jasbir Kaur, APP for the Respondent.
Mr. Rajiv Nayar, Sr. Advocate with Mr. Akshay Ringe, Advocate for the Complainant.

Ajit Bharihoke, J.

1. By this order, I propose to dispose of anticipatory bail applications of Brahm Arenja and his wife Brinda Arenja whereby they are respectively seeking bail in case FIR No. 55/2011 under Section 420/406/120B IPC P.S. Economic Office Wing, New Delhi.

2. Briefly stated, background facts for disposal of above two applications are that Shri Rajiv Rattan filed a written complaint with the police claiming that the petitioners, in conspiracy with their co-accused Ajay Ahlawat and Sangeeta Ahlawat, have cheated the complainant of Rs. 6.45 crores by fraudulently inducing him to agree to purchase a piece of land measuring 7 bighas 9 biswas claiming part of Khasra No. 459 (1-15), 460(3-11) and 483(2-3) situated in village Satburi, New Delhi, which land was neither owned by the petitioners nor was free from encumbrances. Rajiv Rattan in his complaint claimed that the land in question was under acquisition since 1980 vide Notification No. F.9(16)/80L&B dated 25.11.1980 issued under Section 4 of the Land Acquisition Act, 1984. It is alleged that the aforesaid fact was also concealed from the complainant, which led him to part with the consideration amount of sale i.e. Rs. 6.45

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