Delhi High Court
Vinod Bangwal vs State Govt Of Nct Of Delhi on 7 December, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Order reserved on 4th December, 2017
Order pronounced on 7th December, 2017
+ BAIL APPLN. 2365/2017
VINOD BANGWAL ..... Petitioners
Through: Mr. Anand Shailani, Advocate.
versus
STATE GOVT OF NCT OF DELHI ..... Respondents
Through: Mr. Mukesh Kumar, APP for the State
with SI Satish Lohia, PS-Hauz Khas.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
1. This is an application under Section 439 of The Code of Criminal
Procedure, 1973 (hereinafter referred to as 'Cr.PC') seeking
Regular Bail in case FIR No. 329/17 under Section
448/467/471/120B of Indian Penal Code (herein referred to as
'IPC') registered at Police Station - Hauz Khas, New Delhi.
2. The brief and necessary facts of the case is that on the complaint of
Col. Bhupinder Singh Bains s/o Darbara Singh Bains, a case FIR
No. 329/2017 dated 19.09.2017 u/s 448/467/471/120B IPC was
registered at PS Hauz Khas, South Delhi alleging that the
complainant is the legal heir of Mrs. Ajit Kaur w/o Darbara Singh
Dasawalia, owner of plot No. L-23, South Extension-II, New
Delhi; that his mother neither sold the said property to anyone or
executed any Power of Attorney to anyone during her lifetime; that
the petitioner and his accomplices are now claiming the ownership
BAIL APPLN. 2365/2017 Page 1 of 3
of the said property on the basis of forged document, which clearly
implies that a well-crafted conspiracy has been hatched by him to
grab plot in question by fraudulent means.
3. Learned counsel for the petitioner submits that the petitioner has
been falsely implicated in the present case he is the bonafide
purchaser of the abovesaid property from Mrs. Ajit Kaur vide
Agreement to Sell dated 30.12.2016 for a total consideration of
Rs.14 Crores for which he has already paid Rs.50 Lacs; that the
petitioner had also issued a public notice through his lawyer which
was duly published in the newspapers that the property is free from
all sort of incumbrances and title is clear; that the petitioner is in
custody since 07.11.2017 and no more required for investigation,
therefore kindly be released on bail.
4. Learned APP for the State highly opposed the present bail
application and contended that the offence is serious in nature and
has cheated the existing system by opening fake bank account and
forged Aadhar Card by impersonation.
5. I have heard the learned counsel for the parties and perused the
material available on record.
6. During the course of investigation, it was revealed that the
questioned property was purchased by Smt. Ajit Kaur in 1957, who
died on 31.10.2013 and her husband Squadron Leader Darbara
Singh Bains died on 07.11.2016. Further investigation revealed
that the petitioner along with his accomplices are property dealers
and they knew that the property was lying unattended since 1957,
i.e. for the last 60 years, and they hatched the conspiracy to usurp
BAIL APPLN. 2365/2017 Page 2 of 3
the said property by impersonating and creating fake/forged
documents of the said property i.e. Agreement to Sell, Power of
Attorney, Possession Letter etc. recovered from the petitioner,
whose details were found to be invalid.
7. Considering the fact that the petitioner has played an active role in
the commission of the crime and while perusing the allegations
levelled against the petitioner and the gravity and nature of the
offence, this Court is not inclined to grant the regular bail to the
petitioner in this case.
8. Accordingly, the present application stands disposed of.
9. Before parting with the aforesaid order, it is made clear that
anything observed above shall not have any bearing on the merits
of the case during trial.
10. Copy of the order be given dasti under the signatures of Court
Master, as prayed.
SANGITA DHINGRA SEHGAL, J.
DECEMBER 07, 2017
gr
