Point of Law: Conspiracy - Rejection of application for anticipatory bail - Required in-depth investigation.

JUDGMENT :

MUKTA GUPTA, J.

1. By these petitions, the petitioners seek anticipatory bail in FIR No. 504/2021 registered pursuant to the directions of the learned Metropolitan Magistrate under Section 156(3) Cr.P.C. under Sections 420/34/120-B IPC at PS K.N. Katju Marg.

2. Learned Senior counsel for the petitioners contends that the alleged audio recording of the conversation alongwith the status report dated 13th January, 2022 neither mentions the date nor the time of conversation. Further from the short reply of the complainant, it is evident that this alleged conversation filed alongwith the status report dated 13th January, 2022 was of 3rd October, 2021 after filing of the complaint on 21st September, 2021 resulting in the registration of the abovenoted FIR.

3. Learned Senior counsel for the petitioners further states that the complainant sold the property to the petitioners on which the investigating officer of P.S. Connaught Place had already issued a letter to the Sub- Registrar, Pargana Magistrate (Sadar), Dehradun, Uttrakhand requesting to maintain status quo as the same was a matter of investigation in FIR Nos. 43/2020, 44/2020, 45/2020 and 46/2020 under Sections 419/420/468/471/120B IPC registered at P.S. Connaught Place. The alleged money transferred to the account of Naveen Kumar Deosaria was the return of the earnest money taken vide Agreement to Sell entered into between Naveen Kumar Deosaria, Natish and Prachi Saxena, copy whereof is annexed as Annexure-2 to the Bail. Application No. 11/2022. It is the petitioners who have been duped by the complainant Prachi Saxena who is a lawyer and accused in abovenoted FIR No. 45/2020 alongwith her husband and by relying upon the alleged conversations after the filing of the complaint, the complainant is trying to mislead this Court.

4. Learned APP for the State has taken this Court through the contents of the FIR and contends that by circulating the money received from the complainant, the petitioners purchased the property of the complainant and her brother-in-law and thus cheated them.

5. Learned counsel for the complainant contends that there are specific allegations against the petitioners in the FIR in question and it is a classic case of sham transaction resulting in the execution of the sale deed dated 6th January, 2021 and the entire money was transferred back to the petitioners as is evident from the various conversations/transcript thereof. The petitioners were in constant touch with main accused Deepak Goyal who has been using mobile phone from inside the Tihar Jail and the three of them executed the conspiracy. As on date, the property is with the petitioners and money is also lying with them. The entire money of the complainant has been siphoned off and the remaining money was taken in cash. In view of the serious allegations against the petitioners, who are habitual offenders no anticipatory bail be granted to them.

6. In the above-noted FIR, the complainant Prachi Saxena stated that her husband was in judicial custody in Tihar Jail in FIR Nos. 43/2020, 45/2020 and 46/2020 registered at PS Connaught Place and FIR No. 193/2020 registered at PS EOW under Sections 420/467/468/471/34 IPC and that the complainant was also an accused in FIR No. 45/2020 registered at PS Connaught Place. In the month of October-November, 2020 her husband met a person namely Deepak Goyal in Tihar Jail, who told her husband that he was a kingpin of bails and can get bail in any matter. Deepak Goyal told her husband that he has managed the jail authorities, has unlimited access to internet enabled phone and operates from inside the jail. Deepak Goyal lured her husband that he can get her husband to talk to the complainant, whenever he likes from his phone. Deepak Goyal further stated that he operates with the constant help of his wife Chanchal Goyal and brother-in-law Naveen Kumar Deosaria. Deepak Goyal took the complainant’s number from her husband and called her number of times from inside t