ABHISHEK CHAUHAN Vs. STATE

JUDGEMENT

(1.) This is an application filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 331/19 U/s 458/448/420/467/471/120-B IPC registered at Police Station-Malviya Nagar, New Delhi.

(2.) In brief the facts of the case are that the present FIR was registered on the complaint lodged by complainant Pratap Singh Chauhan wherein he has alleged that he is lawful owner of the flat No. C-65, Second Floor, area measuring 75 Sq. yard approximately, Panchsheel Vihar, Malviya Nagar, New Delhi. The said flat was given on rent by the complainant to Ms. Apeksha Shalin Victor D/o Sh. Alfred Maxwell in the month of January 2019 at a monthly rent of Rs. 18,000/- per month. The said tenant of the complainant vacated the said flat on 5 June, 2019 and since then the said flat was in possession and lock and key of the complainant. The complainant had kept a double bed, fridge, sofa set, one window AC in the said flat under his lock and key.

(3.) It is alleged by the complainant that present petitioner, one Shlok Raj and Saurav Raj hatched a criminal conspiracy to usurp the said flat and also to steal the articles lying in the flat and further made preparations to kill the complainant and restrain him from entering into his flat and further falsely implicate the complainant and his family in false cases and for this they even forged and fabricated certain title documents and used the same as genuine knowing fully well that the same are forged and fabricated. The alleged persons broke open the locks of the complainant and internal lock by gas cutter and thereafter committed theft of articles of the complainant i.e. double bed, fridge, sofa set, one window AC in the said flat. The complainant who is permanent resident of Noida, UP came to his flat on 8 July 2019 and was shocked to see that accused have illegally committed a trespass in his house and had stolen his articles from the flat after breaking his locks and when the complainant tried to enter his flat he was wrongfully restrained.