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.

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 payments were made on 28.10.2022 (Rs. 8,00,000/-), 15.11.2022 (Rs. 5,00,000/-), 27.04.2023 (Rs. 20,00,000/-), 28.04.2023 (Rs. 6,00,000/-), 30.04.2023 (Rs. 10,00,000/-), and 05.05.2023 (Rs.21,00,000/-), aggregating to a total of Rs. 72,00,000/-.

4. On 02.05.2023, the complainant was allegedly handed over the executed documents, including the General Power of Attorney, Agreement to Sell, Possession Letter, Will Deed, Receipt, and Affidavit, all purporting to vest title in the complainant. The complainant further claims that on 05.05.2023, he was made to sign and affix thumb impressions in furtherance of the transaction.

5. Trouble arose on 09.05.2023, when the complainant received information that unknown persons had broken the locks of the subject property and entered the premises. Upon reaching the site, the complainant encountered one Ratan Lal and his nephew Vinod, who claimed ownership over 125 square yards of the property. Ratan Lal also made a PCR call, wherein it was alleged that 5–6 Muslim were attempting to encroach upon the property. Ratan Lal allegedly denied ever executing any relinquishment or transfer deed in favour of the petitioner and presented his own title documents asserting ownership.

6. The complaint prompted an investigation, during which the complainant produced the entire set of transactional documents. These included the registered deed dated 02.05.2023 and a relinquishment deed dated 12.09.2022, allegedly executed by Chhote Lal and his daughters, Kalpana Devi, Anita, and Himanshi, in favour of the petitioner. The documents were taken into possession by the Investigating Officer, [hereinafter “IO”] through seizure memos.

7. During the course of investigation, the statements of key witnesses namely Ezaj, Imran, Sajid and Arif were recorded. Ezaj, who is stated to have facilitated the introduction between the complainant and the petitioner, deposed that in September 2022, the petitioner had represented himself to be the absolute owner of the entire property measuring 200 square yards and expressed his intention to sell the same for a sum of Rs. 75 lakhs on account of financial distress. It was mutually agreed amongst the group that the property would be purchased in the name of the complainant, Mohd. Hamid, with the objective of subsequently reselling it at a profit. The sale was ultimately concluded for a consideration of Rs. 72 lakhs. The petitioner is alleged to have confirmed that the entire title vested in him and further asserted that his family members had relinquished their respective shares in his favour.

8. It subsequently came to light that Ratan Lal, the petitioner’s paternal uncle, had, in fact, been in joint ownership of the subject property. As per his version, in 1981, he and his brother Chhote Lal had purchased the 20