The main legal point established in the judgment is the grant of anticipatory bail to the applicant based on the lack of adverse antecedents, the collection of alleged documentary evidence by the Investigating Agency, and the fact that other co-accused were on bail.

JUDGMENT

Anu Malhotra, J. - The applicant, vide the present application seeks the grant of anticipatory bail in relation to FIR No. 292/2019, PS EOW Delhi, under Sections 406/409/420/120B of the Indian Penal Code, 1860 submitting to the effect that he has been falsely implicated in the instant case.

2. Vide order dated 19.04.2022, notice of the application was issued to the State. As it was informed on behalf of the State on 06.05.2022 that the applicant had joined the investigation and the investigation was to be concluded in the near future with it having been undertaken on behalf of the applicant that he was ready to join the investigation as and when directed, the applicant was thus vide order dated 06.05.2022 directed to join the investigation of the case on 10.05.2022 at the concerned Police Station at 4.00 PM with directions to the Investigating Officer to prepare a questionnaire in advance to the same with it having been directed that no coercive action be taken against the applicant, which interim directions are presently in existence.

3. The status report dated 26.04.2022 under signatures of the ACP EOW New Delhi was submitted by the State. Submissions have been made on behalf of the either side qua the application. The State has submitted to the effect that the FIR in the instant case was registered on the complaint of Mr. Rewant Kumar Mishra S/o Sh. B.D. Mishra who alleged that in view of an advertisement received on SMS and Newspapers, he learned about residential flats being built by Revanta Multi State CGHS Ltd (Smart Residency) by way of Land Pooling in L Zone Dwarka Delhi, and in June 2015, he along with his family members met the builder at the office. It has been submitted further that as per the allegations levelled by the complainant, it was claimed that the builder and agents allured the complainant and his family members that the project was very viable and would be completed by 2019-2020, and believing their false promises, he agreed to buy a Flat in the proposed L Zone in Delhi through Membership No. SR70264 in the name of Mrs. Archana Mishra measuring 1675 Sqft for a total agreed amount of Rs. 51.20 Lacs of which the land cost was to be paid within 45 days and he thus made the payment of Rs. 20.21 Lacs, but he saw no progress in the matter as no construction was initiated though the flat was promised to be handed over by 2019 and later he learned that the DDA had not approved any of the builder till date and that the property dealers/builders were cheating innocent persons in the name of CGHS.

4. It has been further submitted through the status report that during investigation, 298 members filed their complaints of which 42 joined the investigation and during examination, it was learned that the office bearers of the society, including Satender Maan, Pradeep Sehrawat, Subhash Chand and others have misappropriated the money collected from the members of the society on the pretext of purchase of land and commission to member facilitation agencies, without their knowledge and consent.

5. It has been further stated through the status report that the concept of Land Pooling Policy (LPP) was conceived by the Government in the year 2013 which was to the effect that under this Land Pooling Policy (LPP), the DDA would pool land parcels owned by individuals, a group of owners or a builder, and would then develop the land and return it to the owners, and this system would replace the process of land acquisition, and this new policy would be applicable to urban extensions of Delhi for which zonal plans have been approved, and that the concept is about developing urban land parcels available in the city, especially in the outskirts, in an efficient, sustainable and equitable manner, and that this was likely to help develop and expand the city in a planned manner by increasing the supply of the fresh land.

6. Inter alia, it was submitted by the State that the Regulations for Operation of Land Policy, 2018 have been notif