IN THE HIGH COURT OF DELHI AT NEW DELHI
AJAY DIGPAUL
Pravesh Kumar – Appellant
Versus
State Of Nct Of Delhi – Respondent
| Table of Content |
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| 1. factual background of alleged property fraud. (Para 1 , 2) |
JUDGMENT :
AJAY DIGPAUL, J.
1. The Petitioner, through the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (formerly Section 439 of the Code of Criminal Procedure, 1973), seeks regular bail in FIR No. 391/2023 underSections 420 , 467, 468, 471, and 120-B of the Indian Penal Code , 1860, registered at P.S. Dayalpur, Delhi.
Factual Background
2. The case arises out of FIR No. 391/2023 dated 27.05.2023, based on a written complaint filed by one Mohd. Hamid. The allegations pertain to a property fraud involving House No. D-7/63, Dayalpur, Delhi, [hereinafter “subject property”], measuring 200 square yards, which the complainantclaims to have purchased from the present petitioner, Pravesh Kumar, on the basis of forged and fabricated documents.
3. The complainant states that the transaction was initiated on 27.10.2022, when a meeting took place at the residence of the petitioner. In the presence of several persons, including the petitioner’s father Chhote Lal, wife Suman Lata, daughter, and others, a token amount of Rs. 2,00,000/- was paid by the complainant. Subsequent cash pa
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 is denied due to serious allegations of conspiracy and fraud, necessitating the potential for custodial interrogation.
Anticipatory bail denial upheld due to forged documents and central role in conspiracy, necessitating custodial interrogation for effective investigation.
The court granted bail considering the lengthy custody of the petitioner and the potential delays in trial, emphasizing that continued detention would not serve a useful purpose.
(1) Anticipatory bail petition – In a case containing severe allegations, Investigating Officer deserves a free hand to take investigation to its logical conclusion.(2) Notice before arrest – Discret....
The gravity of the offense and the petitioner's involvement in similar other FIRs influenced the court's decision in dismissing the bail application.
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