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2023 Supreme(Del) 58

AMIT MAHAJAN
Sujeet Bhati – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Mr. Atul Sharma & Mr. Gagan Kumar Singhal, Advocates
For the Respondent:Ms. Richa Dhawan, with SI Ravi Poonia, PS Dayalpur. Mr. Salim Malik, Advocate

JUDGMENT :

1. The present application is filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) praying inter alia for grant of pre-arrest bail in FIR No.365/2022 dated 17.06.2022, registered at Police Station Dayalpur, New Delhi, under Section 420/467/468/471/506/120B Indian Penal Code, 1860(IPC).

2. The FIR was registered on a complaint made by Mohd. Wasim. It was alleged that the complainant was defrauded by the applicant and other co-accused persons. One ‘Bhuvan/Bhuwan Chand’ entered into an agreement with the complainant to sell the property bearing House No. C-10/442, Gali no. 10, Brijpuri, New Delhi for a sum of Rs.95 lakhs.

3. It is alleged that the said Bhuvan Chand and his associates including the applicant showed him the original documents of the said property and stated that Bhuvan Chand is the owner of the same. The complainant, on being induced by the accused persons, executed a Bayana agreement dated 08.11.2021 and paid a sum of 40 lakhs as advance. He agreed to pay the balance sum of 55 lakhs on 08.12.2021 at the time of execution of the documents of the property.

4. It is further alleged that thereafter on 15.11.2021, a further sum of 5

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