Anticipatory bail should be granted when there is no imminent need for custodial interrogation, even in cases of serious allegations.

ORDER

1. The present bail application has been filed under Section 438 of Cr.P.C on behalf of the petitioner for grant of anticipatory bail in case FIR No. 618/2020 U/s 376D/506 IPC registered at Police Station Wazirabad, Delhi.

2. Briefly stated the facts of the case are that complainant "K" made a complaint at PS Wazirabad alleging therein that she had purchased a flat in DLF colony in Ghaziabad for an amount of Rs. 5,80,000 from petitioner Khurshid Khan through one Faizan. This property was to be registered in the name of complainant but instead of registering the property, GPA was executed by both the accused persons. They also told her that they were partners in said property & the total cost of the property is Rs. 22 lakh.

3. As this DLF property was far from Delhi and children of complainant were also doing work in Delhi, accused gave her another flat of 50 yards in Wazirabad Delhi instead of DLF colony flat by saying that this flat also belongs to Khurshid (petitioner herein). After some time, when complainant asked them to sell this flat, they started making excuses & when she enquired from the concerned office, it came to her knowledge that GPA has already been transferred in the name of some other person.

4. Complainant further alleged that Khurshid (present petitioner) and Faizan used to come at the flat of complainant at Wazirabad and during these visits both of them forcibly made physical relations with her three times. Both accused persons physically abused her & have taken money of complainant. Since then both the accused are neither picking up her phone and nor have returned her money. On 02/12/2019 at around 6-7 pm 3 men and 2 women came at her house and started threatening her to vacate the flat of Wazirabad. Accordingly, a case vide FIR No. 618/20 dated 22-11-2020 U/s 376-D/506 IPC was registered at PS Wazirabad.

5. I have heard Ld. counsel for the petitioner, Ld. APP for the State and Ms. Sunita Arora, Adv. DHCLSC for complainant who assisted the Ld. APP for the State and I have also perused the material available on record.

6. It is submitted by the Ld. counsel for the petitioner that the petitioner has been falsely implicated. It is further submitted by the counsel for the petitioner that the present case has been got registered against the petitioner as there is a dispute with regard to the sale of flat. It is further submitted by the counsel for the petitioner that before the registration of the present FIR the petitioner had already filed a complaint dated 22.02.2020 U/s 200 Cr.P.C. along with application U/s 156(3) Cr.P.C. against the victim, one A. Ansari and Ms. Farha who claimed themselves to be the advocates for registration of FIR U/s 420/418/467/468/471/506/34 IPC which is pending in the Court of Ld. M.M. Karkardooma Courts.

7. It is further submitted by the Ld. counsel for the petitioner that the said A. Ansari claimed himself to be an advocate and met the petitioner on 27.10.2019 alongwith Ms. Farha at the house of the petitioner and the said Farah claimed herself to be an advocate who was accompanied by the victim of this case and they showed the petitioner one summon alleged to have been issued from the Court of District Judge-8, Kishan Garh Rajasthan in the name of the petitioner as well as one Farzan, who is the relative of the petitioner and told that they have committed an offence punishable U/s 394/397/395/307/120-B/34 IPC vide FIR No. 878/2018 P.S. Kishan Garh Rajasthan.

8. It is submitted by the counsel for the petitioner that the said A. Ansari, Farha on the basis of the forged and fabricated summon, threatened the petitioner