MONIKA SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two anticipatory bail applications filed by the petitioner in respect of two different FIRs lodged by the father and the son against the present petitioner. The bail application no. 2492/2009 is a case registered by Dr. Rupinder Singh, S/o Waryam Singh, R/o Waryam Singh Hospital, Jagadhari Road, Yamuna Nagar, Haryana on 01.10.2009. The allegations made in the FIR no. 271/2009, u/S 419/420/465/467/468/471/120B IPC, registered by P.S. Kotwali, Delhi are that Dr. Rupinder Singh along his wife Monika Singh was residing at 128 -A, Lok Vihar, Pitampura, Delhi and he was informed by Manager, Allahabad Bank, Chandni Chowk Branch, Delhi on 27.12.2008 on his mobile phone no. 09812005900 that there was a housing loan of Rs.14.25 lakhs in the name of Ms. Monika Singh and himself as a co -borrower and the payments of the loan had been defaulted and the same were to be paid immediately. On 29.12.2008, after an enquiry by the Vigilance Branch, a case was registered against the present petitioner. During the investigation, it was revealed that the name and the address of the co -applicant Rupinder Singh were correct but photograph and occupation as mentioned in loan application was not that of the complainant. It was further alleged that the petitioner had earlier forged General Power of Attorney and some other documents in respect of flat bearing no. 7152, Block B -10, Vasant Kunj, New Delhi. In sum and substance, the complainant had made allegations of cheating, forging the documents, and using the forged documents as genuine and criminal conspiracy against the present petitioner along with the other persons who are purported to have impersonated as the co -owner of the property and taken loan.

(2.) THE application for grant of anticipatory bail was rejected by the learned Additional Sessions Judge on 16.12.2009. The petitioner feeling aggrieved, approached the High Court by filing the present bail application and the following order was passed on the first date in the bail application on 23.12.2009:

(3.) THE complainant has vehemently opposed the bail application. The sum and substance of opposition of the grant of anticipatory bail from both the sides i.e. prosecution and the complainant's side has been that the allegations against the petitioner are very serious in nature in as much as they are not only of cheating the bank but also forging the documents and using the forged documents as genuine by the petitioner for the purpose of borrowing that money from Allahabad Bank and representing somebody else whose identity is yet not known. It was contended that repayment of loan does not obliterate the offence.