Pawan Kumar v. State ( Gnct Of Delhi)

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2402/2018 PAWAN KUMAR ..... Petitioner Represented by:

Mr. Pradeep Choudhary, Mr. Vikrant Choudhary, Advs.

versus STATE ( GNCT OF DELHI) ..... Respondent Represented by:

Mr. Ashok Kr. Garg, APP with SI Vinay PS DBG Road.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.01.2019 By this petition the petitioner seeks anticipatory bail in case FIR No. 169/2016 under Sections 406/420/120B/34 IPC registered at PS D.B.G. Road.

The above-noted FIR was registered on the complaint of one Smt. Manbhari Devi who stated that Shankar Lal had taken loan amount of ₹20.5 lakhs from ICICI Bank, Jhandewalan Branch on the property documents of H.No. 10651-52, Manak Pura, Gali Nale Wali, Karol Bagh. Shankar Lal executed the sale deed in favour of the son of his sister namely Rakesh Anand and wife of Rakesh Anand namely Sunita Anand. After execution of the sale deed both Rakesh Anand and Sunita Anand took a loan of ₹ 6 lakhs from Cent Bank, Jhandewalan Branch on the strength of the property BAIL APPLN. 2402/2018

document. It is further alleged that the petitioner along with his wife and his father Shankar Lal mortgaged property No. 10651-52 in the PNB Bank and obtained a loan of ₹12 lakhs. It is thus apparent that having agreed to sell the property, fresh loans were taken.

Learned APP for the State on instructions submits that after investigation a charge-sheet and supplementary charge-sheet have been filed without arrest of the petitioner.

Considering the fact that the investigation is complete and the FIR in question was registered in the year 2016 wherein the petitioner has cooperated, this Court deems it fit to allow the petition. Consequently, in the event of arrest the petitioner be released on bail on his furnishing a personal bond and a surety bond for a sum of ₹25,000/- to the satisfaction of the Arresting Officer/ SHO concerned/ Trial Court concerned, further subject to the condition that in case of change of residential address, the same will be intimated the Court concerned by way of affidavit. Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 25, 2019 'ga'

BAIL APPLN. 2402/2018