Anticipatory bail is an extraordinary privilege granted only in exceptional cases, and the nature and gravity of the accusation must be considered before granting such bail.

AMAN CHAUDHARY. J.

1. The present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No.34 dated 04.04.2023, registered under Section 420 of the Indian Penal Code, 1860 at Police Station Sadar Rupnagar, District Rupnagar.

2. Learned counsel submits that the petitioner had taken Rs.6 lakhs from one Kamaljit Singh on finance basis. However, he got executed power of attorney in his favour and based on which fraudulently sold the land of the petitioner to one Rakesh Kumar vide sale deed dated 27.06.2022. Immediately, upon coming to know of the fraud having been committed upon him, the petitioner filed representations to the police on 12.07.2022 as well as to the Tehsildar and the SSP on 07.07.2022 followed by another representation dated 13.08.2022, Annexure P-5. The petitioner also challenged the same by way of filing a civil suit which is pending. He further submits that he had no intention to cheat the complainant by executing an agreement to sell on 12.11.2021. He further submits that the petitioner is ready and willing to join investigation as and when required by the investigating agency.

3. Learned State counsel assisted by learned counsel for the complainant, however, on the other hand submits that the petitioner had intention to cheat the complainant from the very inception as there is an agreement to sell dated 09.08.2021 that was executed by the petitioner in favour of Kamaljeet Singh whereafter a power of attorney dated 12.08.2021 had also been duly executed by him on which not only are his signatures but even his photographs were taken in the office of Sub Registrar where it was duly registered. Despite the above, the petitioner entered into an agreement to sell with the complainant on 12.11.2021 regarding the same piece of land and accepted the earnest money, however, did not execute the sale deed, though an extension of the date for it was got extended but instead fraudulently got sold the very said land through Kamaljit Singh to another person. The agreement to sell and power of attorney were of a date prior to the date of agreement to sell that had taken place with the complainant. The police complaints and civil suit filed by the petitioner are merely to create defence and further defeat the rights of the complainant by complicating the matter. The custodial interrogation of the petitioner is extremely necessary to unearth the truth in the matter, thus, he be not granted the concession of anticipatory bail.

4. Heard.

5. Hon'ble The Supreme Court in Jai Parkash Singh vs. State of Bihar (2012) 4 SCC 379, wherein while relying on the judgments in the cases of D.K. Ganesh Babu vs. P.T Manokaran (2007) 4 SCC 434, State of Maharashtra vs. Mohd. Sajid Husain Mohd. S. Husain, (2008) 1 SCC 213, and Union of India vs. Padam Narain Aggarwal (2008) 13 SCC 305, held thus:

“6. We have considered the rival submissions made by the learned counsel appearing for the parties and perused the record.

7. The provisions of Section 438 Cr.P.C. lay down guidelines for considering the anticipatory bail application, which read as under:

“438. Direction for grant of bail to person apprehending arrest.-

(1) Where any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and that court may, after taking into consideration, inter alia, the following factors, namely:-

(i) The nature and gravity of the accusation;

(ii) The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) the possibility of the applicant to flee from justice; and

(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject t