RAJNISH BHATNAGAR
Dhruv Jyoti Goel – Appellant
Versus
State – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 883/2020 under Sections 420 IPC registered at Police Station Najafgarh.
2. Briefly stated, the facts of the case are that the present FIR was registered on the complaint of Pradeep Kumar (complainant) against the Dhruv Goel (present petitioner) who represented himself to be the rightful owner of property bearing khasra No. 113min (0-4), 112 min (1-0), 118min (1-0), 121 min (1-0) and 122 mm (1-0) of village Maksudabad, Najafgarh, New Delhi. The petitioner showed a khatoni where applicant Dhruv Goel is reflected as the owner of the property. Thereafter an agreement to sell between the complainant and Dhruv Goel was executed on 15.12.2015, for total sale consideration of Rs.6,90,00,000/-, as per the terms and conditions of the agreement, the complainant was induced to pay Rs.15,00,000/- vide cheque bearing No. 000013 dated 29.11.2015 which was encashed by the accused person and remaining Rs.85,00,000/- were paid in cash. also, the petitioner, had to obtain No Objection Certificate, from concerned department for sale of the property mentioned abo
Arnesh Kumar vs. State Of Bihar & Anr
Siddharam Satlingappa Mhetre vs. State Of Maharashtra And Ors
The gravity of the allegations, lack of cooperation in the investigation, and the need for custodial interrogation to recover the alleged cheated amount influenced the court's decision to dismiss the....
The main legal point established in the judgment is the requirement for providing evidence of transactions and the seriousness of allegations in property ownership disputes and forgery cases.
The court grants anticipatory bail, emphasizing the need for cooperation with the investigation while balancing the nature of the allegations.
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
The prima facie case against an applicant must be a primary consideration when deciding anticipatory bail, regardless of custodial interrogation needs.
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