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High Court of DelhiBAIL APPLN./1514/2024

Sanjay Khan v. State NCT Of Delhi

2024-05-01Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1514/2024, CRL.M.A. 13225/2024, CRL.M.A. 13226/2024 SANJAY KHAN ..... Petitioner Through:

Ms.

Samridhi Bandyopadhyay, Advocate.

versus STATE NCT OF DELHI ..... Respondent Through:

Mr. Aashneet Singh, APP for State

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.05.2024 1.

The present application has been filed under Section 438 read with Section 482 Cr.PC. seeking anticipatory bail in FIR No. 470/2022 registered under Sections 420/448/468/471/506/120B IPC at P.S. Tigri, Delhi. 2.

Learned counsel for the applicant submits that applicant has been roped in only on the basis of alleging that he had entered into a conspiracy with his mother in selling the subject property to one Shyam and Urmila after it was already sold to the complainant/Jaiveer. She submits that applicant has not executed any document nor entered into any transaction with Shyam and Urmila. It is also stated that main accused Rajjo Khan has already been released on regular bail. Lastly, it is submitted that during the pendency of anticipatory bail before the Ld. Sessions Court, the applicant has joined the investigation. It is also submitted that applicant is not involved in any other case.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned APP for the State has opposed the bail application. He states that applicant and his mother had sold the subject flat to the complainant for a sum of Rs.15 lacs. Thereafter, the complainant had entered into a Rent Agreement with the present applicant and the possession of the subject property was handed over. Property was thereafter illegally sold to Shyam and Urmila.

4.

I have heard the learned counsels for the parties and perused the material placed on record.

5.

On a specific query, learned counsel for the applicant stated that applicant has neither executed any document nor signed any document as a witness insofar as transaction with Shyam and Urmila is concerned. 6.

Considering the above facts and the fact that main accused has already been released on bail, it is directed that in the event of arrest, the applicant be released on bail subject to him furnishing a personal bond in the sum of ₹25,000/- with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the applicant shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial.

(ii) The applicant shall join the investigation as and when, he is asked for. (iii) The applicant shall inform the concerned Investigating Officer about his current residential address.

(iv) In case of change of residential address/contact detail, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO. (v) The applicant shall not directly or indirectly try to get in touch with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the complainant or any other prosecution witnesses or tamper with the evidence.

(vi) The applicant shall regularly appear before the trial Court as and when the charge sheet is filed.

7.

The application is disposed of in the above terms. MANOJ KUMAR OHRI, J MAY 1, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.