Delhi High Court
Vinay Kumar Jaiswal vs Nct Of Delhi on 5 October, 2021
(VIA VIDEO-CONFERENCING)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 07.09.2021
% Pronounced on : 05.10.2021
+ BAIL APPLN. 1135/2021
VINAY KUMAR JAISWAL
.......Petitioner
Through: Mr. Vedant Singh, Adv. with
Mr. Vinay Kumar Dubey and
Mr.Vishisht Singh, Advocates.
Versus
NCT OF DELHI
..... Respondent
Through: Ms. Rajni Gupta, APP for the
State with SI Arjun Singh, P.S.
Vivek Vihar.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
RAJNISH BHATNAGAR, J.
1. The present bail application has been filed by the petitioner
under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No.
326/2019, under Section 420/468/471/120B/34 IPC registered at P.S.
Vivek Vihar, Delhi.
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
2. Briefly stated, the present case was registered on the direction of
Ld. CMM/KKD, Delhi pursuant to the enquiry conducted U/S 156(3)
Cr.PC. on the complaint of Sukhpal S/o Sh. Kare R/o 12/620, GF,
Friends Society Sec-12, Vasundhra, Gaziabad, UP.
3. Complainant Sukhpal Singh alleged that accused persons namely
R D Verma and Mukesh Kr. Gupta contacted him and told that they
want to purchase his property i.e. 12/620, Ground Floor, Friends
Society, Sec-12, Vashundhra Ghaziabad, UP. After negotiations the
deal was finalized and on 03/08/2017 both the said accused paid Rs. 5
lacs to the complainant as an advance and prepared a sale agreement
for a total consideration of Rs. 67 lacs. Later Mukesh Gupta informed
the complainant that loan has been sanctioned from ICICI bank in the
name of his relative namely Venkat Narsimha Rao.
4. On 20.03.2018, complainant with his son visited tehsil complex
situated at Ghaziabad U.P. and executed Sale Deed in favour of Mr.
Venkat Narsimha Rao. One person who introduced himself as the
employee of ICICI Bank handed over a Demand Draft of Rs. 66 lacs to
the complainant. All original previous title deeds were handed over by
complainant to Mr. R.D. Verma. But the registry could not be done on
that day. Accused RD Verma assured the complainant that an
employee of Sub-Registrar office Ghaziabad, UP would come at his
home to get the formalities done. On the next day ie. on 21.03.2018,
aforesaid Mr.R.D. Verma, Mr. Abhishek and their one accomplice
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
(stated to be a staff of office of Sub-registrar of properties) had come to
complainant house. The said accomplice had completed the formalities
and as everything was apparently confirmed to be genuine execution of
sale deed, hence complainant handed over the key of the subject
property to Mr. R.D. Verma.
5. It is alleged by the complainant that in the evening he confirmed
from accused R.D. Verma about status of registry of subject property,
Mr. R.D. Verma confirmed that sale deed is duly executed and hence,
complainant deposited the bank draft of Rs. 66.00 Lakh in his account
on 22.03.2018 which was duly cleared in the bank account of the
complainant. Thereafter complainant demanded a copy of registered
sale deed for his record from accused Mr. R.D. Verma but he avoided
the same on one pretext or the other.
6. Later, it came to the knowledge of the complainant that his LPG
subsidy is being credited in account no 026810400122535 with IDBI
Vivek Vihar branch Delhi instead of his account with State Bank of
India, branch at Vasundhara, Gaziabad, UP. Later on enquiry with the
staff of IDBI Bank, Vivek Vihar branch he came to know that one bank
account number 026810400122535 was opened in December 2017
with IDBI Bank, Vivek Vihar, whereas complainant never visited the
said branch nor have anything to do in any manner with the said branch
of IDBI Bank. Later it also came to knowledge of the complainant on
15.07.2018 that there were three different and separate sale deed(s) of
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
subject property which were executed by someone in the name of
complainant in favour of three different persons.
7. During course of investigation, the certified copies of Registry of
property in question i.e. 12/620, GF, Friends Society Sec-12,
Vasundhra, Ghaziabad, UP was extracted from the Sub-Registrar
office. On perusal of the same three following registries of the property
in question was found to be done:
Date Seller Buyer Name of Registrar Amount of Loan
09.02.2018 Sukhpal Vinay Kr. Jaiswal S/o Vijay Singh, Sub- Rs.49,60,000/-
Singh Kishori Lal R/o C-1/325, Registrar, Sadar-IV, from PNB
First Floor, Palam Vihar, Ghaziabad, UP
Housing Finance
Gurgaon, Haryana
06.03.2018 Sukhpal Vinay Kr. Jaiswal S/o Pradeep Kr. Asthana, Rs.48,16,182/-
Singh Kishori Lal R/o C-1/325, Sub-Registrar, Sadar- from Capital First
First Floor, Palam Vihar,
IV, Gzb, UP Home Finance
Gurgaon, Haryana
17.04.2018 Sukhpal Vishnu Kumar S/o Vijay Singh, Sub- 44,68,000/- from
Singh Rajdev Prajapati R/o C- Registrar, Sadar-IV, DHFL
95, DDA Flats, Kutub Ghaziabad, UP
Enclave Ph-I, SJS Marg.
Hauj Khas, Delhi
8. Petitioner Vinay Kr. Jaiswal was interrogated in this regard.
During interrogation, he admitted that he was in need of money for his
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
personal use. Therefore, he in connivance with RD Verma, Mukesh
Kumar, Abhishek Kumar, Bittu Sharma took loan from PNB Housing
Finance and Capital First home Loan on a single property and
registered the above property twice in the office of Sub-Registrar
Ghaziabad UP and he also received Rs. 4.5 lacs from the loan amount.
Petitioner Vinay Kumar Jaiswal purchased the property in question
twice and also took loan from two different finance companies for
purchasing the same. He also admitted that he also took his share from
the siphoned off money. During course of investigation of the bank
statement bearing A/C No. 5468175225 Citi Bank belonged to
petitioner, in which salary of the petitioner was being credited was also
extracted and on perusal of the same it came on record that the accused
Abhishek Kumar transferred amount from his account to pay the EMIs
of the loan taken by the petitioner. The petitioner also used that
amount to pay the EMIs of home loan to PNB Housing Finance and
Capital First Housing Finance Ltd.
9. I have heard the Ld. counsel for the petitioner, Ld. APP for the
State, perused the Status Report filed by the State and the records of
this case.
10. It is submitted by the Ld. counsel for the petitioner that the
petitioner has been falsely implicated in this case and he has nothing to
do with the alleged offence. It is further submitted by the Ld. counsel
for the petitioner that the petitioner is the victim in the instant case and
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
he is the person who is making payments towards bank EMIs in order
to maintain his credit score which shows that the petitioner had
bonafide intentions. It is further submitted by the Ld. counsel for the
petitioner that the petitioner has joined the investigation and is not
required for any custodial interrogation. It is further submitted by the
counsel for the petitioner that the main ingredient of Section 420 IPC is
mens rea which is missing in this case.
11. It is further submitted by the Ld. counsel for the petitioner that it
has been held by the superior courts that bail is the rule and jail is
exception. He further submitted that the petitioner belongs to a
respectable family and is working in MNC. He further submitted that
two property dealers namely RD Verma and Abhishek Singh had
approached the petitioner in respect of property in question and based
upon their assurances the petitioner/applicant had purchased the same.
Thus the sale deed dated 09/02/2018 was executed. It is further
submitted by the Ld. counsel for the petitioner that the same property
dealers again approached the petitioner stating that the first floor of the
same property was available for sale and finding the good investment
prospects, the petitioner decided to purchase the first floor of the
property also vide another sale deed dated 06.03.2018 but the petitioner
was surprised to find that the forgery has been committed upon him by
the said property dealers when he came to know about the registration
of the present FIR. It is further submitted by the Ld. counsel for the
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
petitioner that there are no specific allegations in the FIR against the
petitioner.
12. On the other hand, it is submitted by the Ld. APP for the State
that the petitioner in connivance with co-accused RD Verma, Mukesh
Kumar, Abhishek Kumr and Bitto Sharma took loan from PNB
Housing Finance and Capital First Home Loan on a single property and
got the same registered twice before the Sub-Registrar Ghaziabad UP
and received a portion of loan amount. It is further submitted by the
Ld. APP that on inquiry it has been revealed from Sub-Registrar Office
Ghaziabad that three registries of the same property of different dates
i.e. 09-02-2018, 06-03-2018 and 17-04-2018 have been effected out of
which two are in the name of the petitioner. It is further submitted by
the Ld. APP that the petitioner cheated not only the complainant but
also got opened forged bank account in IDBI Bank, Vivek Vihar in the
name of the complainant and in this manner, the loan money from
different banks was siphoned off from the forged account of the
complainant.
13. As far as the contention of the Ld. counsel for the petitioner that
the name of the petitioner is not in the FIR and no role has been
assigned to him in the FIR. It may be noted that the FIR is not an
encyclopedia and the FIR only sets the criminal law into motion and
after the registration of the FIR, the investigation is undertaken and
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
after the investigation the details of the offences and the offenders
surfaces.
14. In the instant case, the complainant is the owner of the property
in question and as he desired to sell the same, according to the
complainant he was duped by one RD Verma and Mukesh Gupta who
approached the complainant to purchase the property in question for a
sum of Rs. 67,00,000/- and the said property was vacated and handed
over by the complainant. The deal could not be finalized for more
than four months as the accused persons did not come forward to
finalize the deal. When it came to the knowledge of the complainant
that the subsidy of his LPG has been stopped, he found out that a
forged bank account in his name was opened in IDBI Bank.
15. In the instant case, the loan from PNB Housing Finance and
CFHL has been obtained on a single property and the said property was
registered twice in the name of the petitioner. One of the contentions
of the counsel for the petitioner is that the petitioner has been cheated
by the other accused persons and he is the victim of their criminal act.
He has also argued that the petitioner is making payment of EMIs
towards the loan amount but the investigation has revealed that co-
accused Abhishek Kumar used to transfer the amount from his account
to the account of the petitioner to pay the EMIs of the loan taken by the
petitioner. So, it cannot be said that the petitioner has no role to play in
this case. EMIs are being paid by the petitioner after receiving the
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
amount from co-accused Abhishek Kumar. The petitioner has
purchased the property in question twice and also took loan twice for
purchasing the same and in this process huge amount has been
siphoned of fraudulently in connivance with the co-accused persons.
16. Custodial interrogation of the petitioner is required for the
purposes of recovery of the forged documents prepared in his name on
the basis of which loan has been obtained and also in order to unearth
the nexus between the petitioner, bank officials and any other official
from the office of the SDM, Ghaziabad. The application lacks merits
and the same is, therefore, dismissed.
17. Nothing stated hereinabove shall tantamount to the expression of
any opinion on the merits of this case.
RAJNISH BHATNAGAR, J
OCTOBER 05, 2021
Sumant
Signature Not Verified
Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:08.10.2021
21:07
