The gravity of the offense and the petitioner's involvement in similar other FIRs influenced the court's decision in dismissing the bail application.

JUDGMENT

Arvind Singh Sangwan J. - Prayer in this petition is for grant of regular bail to the petitioner in FIR No.310 dated 18.08.2019 registered under Sections 406, 420, 511, 120-B of the Indian Penal Code, 1860 (in short 'IPC') (Sections 419, 467, 468, 471 IPC added later) at Police Station Sushant Lok, District Gurugram.

2. Counsel for the petitioner has argued that the FIR was registered at the instance of one Anubha Sandhu, who is a senior citizen and an NRI living in Australia, with the allegations that she is owner of Plot No.984 in C Block, Sushant Lok, Gurugram and when she came to India, she found that somebody with fake identity and on the basis of some fake documents is trying to sell her plot. The proposed buyer of the property was Lotus Developers and one Mahesh Prajapati and Rajender @ Raj Kumar are the sellers, whose mobile numbers are 9654430884 and 9999624889, respectively. Thereafter, the complainant lodged a complaint with the SHO and the complainant gave another complaint when she came to know that one Rohit Bakshi, whose mobile No.9810636111 was trying to obtain a loan on her plot for an amount of Rs.2.5 crores on the basis of false/fake papers from Tata Finance. The agent for the seller at that time were also Mahesh Prajapati, Jaipal and the petitioner - Pankaj Rohilla. Thereafter, when the police investigated the complaint, the Investigating Officer recovered the original stamp papers, agreement to sell, etc. from Lotus Property Developers as well as the fake Aadhar Cards, which were prepared by posing a lady as impersonator in place of the complainant. The Investigating Officer also recovered the loan papers from Tata Finance and with the aforesaid allegations, the FIR was registered.

3. Counsel for the petitioner has argued that the primary allegations against the petitioner are that when the co-accused Rajender @ Raj Kumar was arrested, he made a disclosure statement nominating the petitioner in the case stating that he has taken out the documents of the plot of the complainant, after both of them hatched a conspiracy to sell the plot. It is further submitted that except the same, there is no other evidence against the petitioner.

4. Counsel for the petitioner has further argued that in reply to a Court query dated 07.06.2021, whether all the fake documents were recovered from one Rajender @ Raj Kumar, he has relied upon the recovery memo dated 02.08.2020 to submit that one Vicky Bhatia had produced photocopies of the agreement to sell, sale deed, photocopy of the forged Aadhar Card and air tickets, etc. and photocopies of these documents were taken in possession by the police.

5. Counsel for the petitioner has also argued that in FIR Nos.12 and 13, after his anticipatory bail was dismissed by this Court in CRM-M No.23132 of 2020, his arrest has been stayed by the Hon'ble Supreme Court vide order dated 10.12.2020.

6. Counsel for the State, on the basis of the affidavit of the Assistant Commissioner of Police, Gurugram dated 09.04.2021 has opposed the prayer for bail on the ground that during the investigation it has been found that it is the petitioner, who has taken out the documents from the Ansal Property and the recovery from Vicky Bhatia was only photocopies of the documents and the original were not produced by him. For a reference, Para 5 to 8 of the affidavit, reads as under:-

"5. That the petitioner Pankaj Rohilla was arrested on 12.01.2021. His disclosure statement was recorded on 13.01.2021. His police remand was obtained till 14.01.2021, so as to apprehend one Jaipal who obtained the documents of the allottee from the office of Ansal Properties. However, the petitioner did not assist the police property to get the said Jaipal arrested. Thereafter, he was produced in the court and was sent to judicial custody on 14.01.2021.

6. That it was found during investigation that the petitioner obtained the documents of allottee Anubha Sandhu regarding plot no.C-984, Sushant Lok, Block-C, Gurugram from c