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IN THE HIGH COURT OF DELHI AT NEW DELHI
AJAY DIGPAUL
Chhote Lal – Appellant
Versus
State of Nct of Delhi – Respondent
| Table of Content |
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| 1. summary of allegations and background of the case. (Para 1 , 2 , 4) |
JUDGMENT :
AJAY DIGPAUL, J.
1. The present bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 438 of the Code of Criminal Procedure, 1973, [hereinafter “CrPC”), has been moved by the petitioner, Chhote Lal, seeking grant of anticipatory bail in FIR No. 391/2023, registered under Section s 420 , 467, 468, 471, and 120-B of the Indian Penal Code, 1860 , at Police Station Dayalpur, Delhi.
2. The FIR was registered on 27.05.2023 pursuant to a written complaint lodged by one Mohd. Hamid, who alleged that he had been induced into purchasing a property bearing no. D-7/63, Dayalpur, Delhi, admeasuring 200 square yards, [hereinafter “subject property”], on the basis of forged and fabricated documents. It was stated that the sale consideration agreed upon was Rs. 72 Lakhs , of which various instalments were paid in cash and otherwise, including Rs. 2 Lakhs as token money on 27.10.2022 and further payments on 28.10.2022, 15.11.2022, 27.04.2023, 28.04.2023, 30.04.2023, and 05.05.2023, totalling the alleged consideration amount.
3. As per the FIR, the complainant c
Anticipatory bail is denied due to serious allegations of conspiracy and fraud, necessitating the potential for custodial interrogation.
The court affirmed the serious nature of fraud and forgery allegations as grounds for denying bail, emphasizing the petitioner's significant role in a criminal conspiracy.
Anticipatory bail denial upheld due to forged documents and central role in conspiracy, necessitating custodial interrogation for effective investigation.
The court established that anticipatory bail can be granted when the accused demonstrates cooperation with the investigation and when the investigation has been unduly prolonged.
Bail rejected for advocate in forgery conspiracy due to prima facie active facilitation, criminal antecedents, professional misuse aggravating gravity, and witness interference risk despite delayed a....
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