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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 460/2022

ASHWANI SHARMA

..... Petitioner

Through:

Mr. Satish Bajaj, Advocate.

versus

THE STATE

..... Respondent

Through:

Ms.Meenakshi Chauhan, APP for

State.

SI Pravin Singh, PS Shahbad Dairy.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

TALWANT SINGH, J.:

1. The applicant/petitioner has filed this petition for grant of regular bail

in case FIR No. 01/2021, under Section 419/420/467/468/471/120B IPC,

registered with PS Shahbad Dairy.

1.1

The applicant/petitioner has stated to be in custody since 12.08.2021.

The charge-sheet has been filed in the present case. The present FIR is

stated to be registered on the complaint of Smt. Veena Gupta wherein she

has stated that the house in question was owned by her son and when she

visited to deposit the house tax, it was revealed that somebody else has

deposited the house tax on the basis of a fabricated sale deed dated

24.01.2019 in favour of one Smt. Girjesh Gupta. Smt. Veena Gupta made a

complaint and on the basis of the same, FIR in question was registered.

Smt. Girjesh Gupta never claimed any right on the said property on the basis

of the sale deed and she never ever tried to take possession of the said

property.

2022:DHC:2187

1.2

The applicant is the brother of Smt. Girjesh Gupta; the whereabouts of

the accused person, who allegedly sold the property to Smt. Girjesh Gupta

and who fabricated the signatures of Vaibhav Gupta, has not been

apprehended till dated. The applicant was arrested in the present case on the

allegation that some amount was transferred from the account of alleged

Vaibhav Gupta to the account of the present applicant. Smt. Girjesh Gupta

took a loan of Rs.80 lakhs from Tata Capital Housing Finance Limited and

the said amount was transferred as consideration to the vendor Vaibhav

Gupta, who did not hand over the possession of the house, so they

approached Vaibhav Gupta with request either to deliver the lawful

possession or to return the money and they also informed the police on

07.09.2019.

1.3

At that stage, Vaibhav Gupta transferred a sum of Rs. 70 lakhs to the

applicant and the said amount was used to settle the outstanding loan of Tata

Capital Housing Finance Limited and the said loan was closed on

21.12.2019. It has been submitted that there is no wrongful gain or

wrongful loss to any person. The applicant never tried to claim any right to

the property in question. There is no allegations of fraud and fabrication.

The trial of the case is likely to take some time. The applicant was never

involved in any criminal case and he is the only bread earning member of

the family; he has two school going children and his wife is a chronic patient

of depression; the applicant also suffers from different cardiac ailments and

he had undergone a bypass surgery. In view of this, bail has been prayed.

2. Notice was issued. Status report has been called in which facts

regarding the registration of FIR, as narrated above, have been reiterated. It

has been submitted that a dummy bank account was opened with Bandhan

Bank, Punjabi Bagh, Delhi and someone impersonated as Vaibhav Gupta,

2022:DHC:2187

owner of the property. The loan amount sanctioned by Tata Finance was

directly credited in the bank account of the impersonator, namely, Vaibhav

Gupta. The said loan amount was sanctioned on the application of Smt.

Girjesh Gupta and it was proved as she had produced the title documents of

the said property.

2.1

Notice was given to Smt. Girjesh Gupta and Vijay Gupta to join

investigation. Mr. Vijay Gupta stated that he was also cheated by an

unknown person. Till date the purchasers have neither possessed the

property nor they have visited the same. During enquiry, it was found that

impersonates Vaibhav Gupta agreed to sell the property to Smt. Girjesh

Gupta and Vijay Kumar for Rs.1.17 crores. Sum of