Om Prakash vs State of Haryana - 2024 Supreme(P&H) 276

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 276

MANJARI NEHRU KAUL
Om Prakash – Appellant
Versus
State of Haryana – Respondent

Advocates appeared:
For the Parties :Dr. Anmol Rattan Sidhu Senior, Advocate, Mr. Pratham Sethi, Mr. Rahul Mohan Sr. DAG, Haryana, Mr. Amit Jaswal, Mr. Subhash Aggarwal

Judgment

Mrs. Manjari Nehru Kaul, J.

The instant petition is the second petition filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in case FIR No.188 dated 09.06.2021 (Annexure P-1) under Sections 420 and 120-B of the Indian Penal Code, 1860 (Sections 467, 468 and 471 of the IPC added later on), registered at Police Station Sector 9-A, District Gurugram.

2. Learned Senior counsel for the petitioner has reiterated the submissions made on the previous date of hearing and has asserted that the petitioner has been falsely implicated in the instant case for committing a fraud pertaining to an ‘Agreement to Sell’ of a plot of land in Gurugram. Learned counsel has argued that the allegations levelled in the FIR do not even remotely attract the mischief of offences alleged therein and the dispute, if any between the parties, is purely of a civil nature which has been twisted to give it a criminal colour. While referring to the allegations levelled in the FIR in question, which has been annexed as Annexure P-1, learned Senior counsel for the petitioner has also drawn the attention of this Court to Annexure P-4 to assert that there

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