The seriousness of the allegations, the necessity for custodial interrogation, and the petitioner's cooperation in the investigation are crucial factors in determining the grant of anticipatory bail.

JUDGMENT :

1. This is an application filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 331/19 U/s 458/448/420/467/471/120-B IPC registered at Police Station-Malviya Nagar, New Delhi.

2. In brief the facts of the case are that the present FIR was registered on the complaint lodged by complainant Pratap Singh Chauhan wherein he has alleged that he is lawful owner of the flat No. C-65, Second Floor, area measuring 75 Sq. yard approximately, Panchsheel Vihar, Malviya Nagar, New Delhi. The said flat was given on rent by the complainant to Ms. Apeksha Shalin Victor D/o Sh. Alfred Maxwell in the month of January 2019 at a monthly rent of Rs. 18,000/- per month. The said tenant of the complainant vacated the said flat on 5 June, 2019 and since then the said flat was in possession and lock and key of the complainant. The complainant had kept a double bed, fridge, sofa set, one window AC in the said flat under his lock and key.

3. It is alleged by the complainant that present petitioner, one Shlok Raj and Saurav Raj hatched a criminal conspiracy to usurp the said flat and also to steal the articles lying in the flat and further made preparations to kill the complainant and restrain him from entering into his flat and further falsely implicate the complainant and his family in false cases and for this they even forged and fabricated certain title documents and used the same as genuine knowing fully well that the same are forged and fabricated. The alleged persons broke open the locks of the complainant and internal lock by gas cutter and thereafter committed theft of articles of the complainant i.e. double bed, fridge, sofa set, one window AC in the said flat. The complainant who is permanent resident of Noida, UP came to his flat on 8 July 2019 and was shocked to see that accused have illegally committed a trespass in his house and had stolen his articles from the flat after breaking his locks and when the complainant tried to enter his flat he was wrongfully restrained.

4. I have heard Ld. Sr. counsel for the petitioner, Ld. APP for the state assisted by the Ld. Sr. counsel for the complainant and given my considerable thought to the matter.

5. It is argued by the Ld. Sr. counsel for the petitioner that the petitioner is innocent and he has been falsely implicated in the present case. He further urged that the present FIR is motivated as there has been personal enmity between the complainant and the petitioner due to the family dispute arising out of 2 immoveable properties situated in Distt. G.B. Nagar UP. He further urged that service of the notice U/s 82 Cr.P.C has not been effected upon the petitioner and the petitioner has not been absconding from his arrest rather exhausting the remedy available with him as per law. He further urged that the process U/s 82 Cr.P.C has been initiated vide order dated 06.12.2019 and the matter is fixed for further process on 06.03.2019 by the Court, hence the process U/s 82 Cr.P.C is still under consideration.

6. It is further argued by the Ld. Sr. counsel for the petitioner that the father of the petitioner was the owner of the flat in question having been purchased the same from complainant in July, 2018. He further urged that after the death of father of petitioner/accused, he had rented the said property to Shlok Raj and Saurav Raj. Photocopies of the documents with regard to the sale of the flat in question by the complainant to the father of the petitioner/accused have also been placed on record. He further argued that at the time of purchase of property, father of the petitioner had transferred Rs. 5 Lakh in the account of the complainant. He further argued that on 08.07.2019, the complainant alongwith his 10-12 associates including his brothers Jagdish Chauhan and Anil Chauhan and their son Amit Chauhan and Ankush Chauhan forcibly tried to enter into the flat in question, gave beatings and abuses to the tenants and forcibly entered into the flat and t