VIJAY THAKUR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner has filed the instant bail application under Section 438 of the Code of Criminal Procedure, 1973 seeking bail in a case registered under FIR No. 197/2012, under Sections 466, 467, 468, 448, 120B of the Indian Penal Code, Police Station Mehrauli, Delhi.

(2.) The present case is registered on the complaint of Shri Balwan Singh (hereinafter referred to as the complainant), who purchased the first floor of property No.D-200, Defence Colony, New Delhi, whereas the ground floor portion was purchased by the petitioner. It is alleged that the petitioner has encroached upon the common area by raising bamboo fencing and also a gate duly installed at opening, which was for the use and occupation of all the occupants of the complex. Suspicion of manipulations in the sale deed of petitioner Vijay Thakur by inserting two sheets of the site plans and three sheets of schedule of property between page Nos. 17 and 18 and pasting of pages in paste file, and using the same ink on all papers including the manipulated pages, have been raised against the petitioner.

(3.) Mr. Panna Lal Sharma, Additional Public Prosecutor appears on behalf of the State and vehemently oppose the grant of anticipatory bail to the petitioner, on the ground that there is report of FSL Rohini, which has observed some discrepancies and gave opinion that two sheets of site plans and three sheet of schedule of property would have been inserted subsequently and may not be a part of the original sale deed.