The court upheld the right to anticipatory bail based on the absence of prior criminal history and the familial nature of the dispute, emphasizing fair treatment in legal proceedings.

JUDGMENT

Anoop Kumar Mendiratta, J. (i) BAIL APPLN. No.892/2022 and BAIL APPLN. No.1271/2022 have been preferred on behalf of Anita Moudgil and Maneesh Moudgil for anticipatory bail in FIR No.266/2021 under Sections 420/406/467/471/120-B IPC.

(ii) BAIL APPLN. No.3125/2022 has been preferred on behalf of Anita Moudgil under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.146/2022 under Sections 192/467/120-B IPC registered at PS: Vasant Vihar. Section 471 IPC is stated to have been subsequently invoked during the course of investigation.

2. Background of registration of first FIR No.266/2021 dated 03.12.2021 under Sections 420/406/467/471/120-B IPC registered at PS: Vasant Vihar:

(i) In brief, Dr. Charu Sharma (complainant) and Manish Moudgil (petitioner) are children of late Dr.Dev Kumar, while Anita Moudgil (wife of Maneesh Moudgil) is the sister-in-law of Dr. Charu Sharma (complainant).

(ii) As per the case of the petitioners/accused, late Dr.Dev Kumar disposed of his self acquired property at B-33, Multan Nagar, Rohtak Road in the year 2017 by way of registered sale deed. Thereafter, Dr. Dev Kumar, Anita Moudgil and Maneesh Moudgil purchased the ground floor of property bearing No.53, Paschimi Marg, Vasant Vihar, New Delhi from M/s. Heritage Holidays Pvt. Ltd. vide registered sale deed dated 17.10.2018.

(iii) The petitioners and Dr. Dev Kumar also entered into an `Agreement to Sell' dated 26.03.2019 for the purchase of basement of property bearing No.53, Paschimi Marg, Vasant Vihar, New Delhi with M/s. Heritage Holidays Pvt. Ltd. For the purpose of purchase of aforesaid property bearing No.53, Paschimi Marg, the petitioners along with Dr. Dev Kumar took a loan amounting to Rs.3 crores from HDFC Bank vide loan agreement dated 16.10.2018.

(iv) Dr. Dev Kumar executed a registered Will dated 05.11.2019 bequeathing his complete 1/3rd share in the ground floor and basement of the aforesaid property bearing No.53, Paschimi Marg in favour of his son (Maneesh Moudgil).

(v) It is further the case of the petitioners that the complainant (Dr. Charu Sharma) aggrieved by the execution of aforesaid Sale Deed dated 27.08.2018 registered on 17.10.2018 and registered Will dated 05.11.2019, filed an application under Section 156(3) Cr.P.C. alleging false averments, after the death of her father, Dr. Dev Kumar on 13.12.2019. The aforesaid FIR No.266/2021 dated 03.12.2021 under Sections 420/406/467/471/120B IPC (herein referred as First FIR) was accordingly registered at Police Station: Vasant Vihar in terms of order dated 27.11.2021 passed by learned MM.

3. Registration of second FIR No.146/2022 dated 16.06.2022 under Sections 192/467/120-B IPC registered at PS: Vasant Vihar:

(i) As per the case of the prosecution in the status report filed on record, complaint dated 18.01.2021 made by Dr. Charu Sharma against Maneesh Moudgil and Anita Moudgil for commission of offence of cheating, forgery of Will, Sale Deed etc. was marked to SI Deepak Tanwar.

(ii) Accused in response to notice dated 13.06.2021 of the IO filed joint reply but did not furnish the documents. Instead they jointly submitted photocopies of Sale Deed dated 17.10.2018 and Will dated 05.11.2019 duly signed by them.

(iii) In the complaint filed by Dr. Charu Sharma under Section 156(3) and Section 200 Cr.P.C., the IO submitted the Action Taken Report and also supplied copy to Dr. Charu Sharma.

(iv) An FIR No.266/2021 under Sections 336/406/409/420/467/471/120-B IPC was lodged on 03.12.2021 in terms of order dated 27.11.2021 passed by learned MM.

(v) Further, based upon Action Taken Report and documents attached to it, Dr. Charu S