OMA RAM Vs. STATE OF GNCTD

JUDGEMENT

(1.) An application under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for bail in FIR No.208/2016, under Ss. 454/380/420/ 468/471/120B IPC, registered at PS: Mayur Vihar Phase-I, Delhi.

(2.) In brief, complainant Rashmi Gulati (a practicing Advocate) alleged that while she along with her family were abroad, someone trespassed in Flat No.7-A, Pocket-1, Mayur Vihar Phase-I, Delhi which is owned by her. The said flat is stated to have been allotted to one Narinder Kumar Minocha @ N. K. Minocha by DDA which was purchased by her on the basis of registered Power of Attorney in 1989.

(3.) On the other hand, the said property is claimed by Naresh Kumar Jindal and Subhash Kumar Bansal, having purchased the same from Rakesh Kumar S/o Rajkumar on 2/1/2016. It may be appropriate to notice at this stage itself that as per case of the prosecution, said Rakesh Kumar is the applicant / petitioner Oma Ram, who is known by different names, including Ram Marwari as per Aadhaar Card found in his possession. Further, Naresh Kumar Jindal and Subhash Kumar Bansal had identified the petitioner/applicant as Rakesh Kumar, who had executed the documents in their favour for the transfer of said flat. The ownership of the flat is claimed by them on the basis of chain of documents handed over to them by Rakesh Kumar @ Oma Ram @ Ram Marwari. Accordingly, the original allottee Narinder Kumar Minocha @ N. K. Minocha is stated to have executed documents in favour of Harikishan Dua on 18/5/1982, who in turn conveyed the property in favour of Sushil Kumar Garg on 26/11/1997. Finally, the same is stated to have been purchased by Rakesh Kumar (petitioner) for consideration of Rs.3,25,000.00.