IMPORTANT POINT
The court emphasized the seriousness of the allegations, the importance of cooperation with the investigation, and the relevance of pending criminal cases in deciding on anticipatory bail applications.

JUDGMENT

Swarana Kanta Sharma, J. (Oral) - The instant application has been filed under Section 438 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') on behalf of the applicant/accused seeking grant of anticipatory bail in case arising out of FIR bearing No. 49/2023 registered at Police Station, Laxmi Nagar, Delhi for offences punishable under Sections 406/420/34 of Indian Penal Code, 1860 (`IPC').

2. Briefly stated, it is the case of the prosecution that on 23.01.2023 a complaint was lodged by the complainant alleging that in July 2021, the complaint along with her other family members had met one Bhopal Singh, who allegedly was a property dealer having office in Laxmi Nagar Delhi and he had shown complainant a building bearing No. F-206B, Mangal Bazar, Laxmi Nagar, Delhi belonging to the present applicant/accused i.e., Jai Pal Singh and had told the complainant that the said property was for sale. After that, the complainant along with her family members had visited the said building and had found out that the said building would require renovation to which the accused persons had agreed. It is alleged that on 12.07.2021 the complainant had entered into an agreement for the purchase of said building for a sale consideration of Rs.5.40 Crores and Rs.40 lakhs had to be paid in advance, rest of the amount was to be paid while executing the sale agreement which was allegedly to be done on or before 11.10.2021. It is further alleged that the accused persons i.e. Jai Pal Singh and one Bharti Singh i.e., co-accused person would complete one floor of the said building by 30.07.2021, so that complainant's family could shift in the said building at the earliest and for the same the complainant had agreed to pay an amount of Rs.2.10 crores to the accused persons. It is alleged that on 12.07.2021, Rs.40 lakhs had been transferred to the co-accused person and the said agreement had been executed. It is also alleged that the accused persons had further demanded an amount of Rs.20 lakhs in cash for completion of one floor on 14.07.2021. It is further alleged that at the end of July, 2021 when the complainant had gone to visit the said building it came to their notice that no work had started in the said building and the accused persons were allegedly avoiding the complainant. Furthermore, on 30.07.2021 the present accused person i.e., Jai Pal Singh had refused to give possession to the complainant and thereafter, a meeting had been set up with the other co-accused person i.e., Bharti Singh who had further demanded an amount of Rs.40 lakhs through cheque and had told the complainant that the said amount was required to further build the floor of the alleged building at the earliest. It is alleged that the same was also written in the agreement which was executed earlier. It is alleged that the complainant had made stop payment of the said two cheques since the cheques had been drawn without completion of work. It is also alleged that the broker i.e., Bhopal Singh/co-accused person had demanded an amount of Rs.15 lakhs from the complainant as his brokerage. However, on repeated reminders Rs.15 lakhs had been paid to Bhopal Singh/co-accused person and after that a meeting was with the present applicant/accused to complete the renovation work as soon as possible and for that the present applicant/accused had again demanded Rs.20 lakhs which had been paid to him in cash on 04.08.2021 and rest of the payments were only be made once the renovation work in the said building was complete. It is further alleged that renovation work was not completed by the accused persons till 11.10.2021 i.e., the date of execution of the sale agreement as agreed between both the parties. It is also alleged that on 13.10.2021 the complainant had paid an amount of Rs.40 lakhs to the accused persons out of which Rs.20 lakhs had been paid in cash and the remaining amount of Rs.20 lakhs had been paid in cash for completion of work in the said building. It is further all