FAROOQ DANDOO Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed under Section 438 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the applicant seeking anticipatory bail in FIR No. 316/2019 registered under Section 420/376/354/506/34/174A IPC at P.S. Paharganj, Delhi.

(2.) Learned counsel for the applicant submitted that in the present case, the complainant is a foreign national aged about 45 years. The present FIR was lodged on 07.11.2019 wherein, the complainant had levelled accusations not only against the present applicant, but also against his brother, Shabir Ahmad Dandoo and father, Ali Mohammad Dandoo. He has referred in detail to the order dated 05.07.2021 passed by the Sessions Court vide which Ali Mohammad Dandoo was admitted to anticipatory bail.

(3.) Learned counsel for the applicant submitted that the applicant along with his family members have been falsely implicated as the dispute is totally between the complainant and the applicant's brother, Shabir Ahmad Dandoo is totally commercial in nature based on inter se business transactions between them. He laid great stress on the fact that while accusation case relates to the year 2016, the present FIR came to be filed after three years in the year 2019. During this time, the complainant admitted to visit various places in India as well as abroad and as such was not under any influence or pressure from the applicant or his family members.