Anticipatory bail can be granted even when Non-Bailable Warrants are issued, depending on the specifics of the case and the applicant's willingness to cooperate with the investigation.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. The applicant, by way of this application, has sought anticipatory bail as he apprehends his arrest in case arising out of FIR No. 114/2025, registered at Police Station Greater Kailash, Delhi, for offences punishable under Sections 420/406/34 of the Indian Penal Code, 1860 [hereafter ‘IPC’].

2. Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

3. Briefly stated, the facts of the case are that the present FIR was registered on the complaint of Mr. Nikhil Bajaj against the accused persons, namely Mr. Rajeev Dhingra (the applicant herein), Mrs. Ruchika Dhingra, and Mr. Raj Kumar Dhingra. In the complaint, the complainant stated that in the month of May 2023, the applicant had approached him, expressing his desire to sell a property in Greater Kailash-I, being the Ground Floor with a Front Lawn and Rear Courtyard along with 32.5% undivided, indivisible, and impartible ownership rights in land measuring 300 sq. yards, bearing No. S-28, Greater Kailash Part I, New Delhi-110048. Upon the assurances and undertakings given by the applicant that he had the requisite title and right to transfer the said property, the complainant, solely relying on the representations made by the applicant, had agreed to purchase the said property for a total sale consideration of Rs.2,30,00,000/-, including all rights, title and interest, easements, privileges, and appurtenances. It is alleged that the applicant had also attended various meetings to assure the complainant and his family of their bona fides and to build a familial relationship so that the complainant had no reason to doubt their intention. Thereafter, an Agreement to Sell dated 03.06.2023 was executed between the parties, encapsulating the understanding between them. It is stated that at the time of execution of the Agreement to Sell, an amount of Rs.1,96,00,000/- was paid by the complainant towards partial payment of the sale consideration. It is further stated that since a substantial amount of money had been paid, the original title deeds of the said property were also handed over to the complainant, and it was agreed that the balance of the sale consideration would be paid by the complainant to the accused persons, including the applicant herein, at the time of registration of the said property. Furthermore, as alleged, at the time of execution of the Agreement itself, the accused persons had unequivocally agreed to finish the work as per the specifications discussed between them within three months. However, despite the lapse of more than a year since the execution of the Agreement, the accused persons had failed to honour their commitments under the aforesaid Agreement. The complainant had allegedly sent multiple reminders to the accused persons to perform their obligations; however, they had kept evading and misrepresenting to the complainant that a date for registration would soon be given. The complainant had also approached Mrs. Ruchika seeking an update; however, she also had fallaciously misled the complainant by stating that the registration would soon be completed. However, no response had been received by the complainant. It is further alleged that the complainant had later learnt that the accused persons had already sold the said property to a third party in 2022, even prior to the execution of the Agreement to Sell with the complainant. Thus, at the time of execution of the Agreement to Sell in June 2023, the accused persons were fully aware that they were defrauding and misrepresenting to the complainant and his family regarding the sale of the said property, without even having title at that time. Furthermore, as part of the entire conspiracy, Mrs. Ruchika Dhingra specifically, during one of the meetings, had deceitfully shown the complainant documents pertaining to previous owners and also handed over the original documents of the said property to the complainant with the sole intention to dece