ARUN SACHDEVA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present applications under Sec. 439 of the Code of Criminal Procedure, 1973, (for short, 'CrPC') have been filed on behalf of the applicants seeking regular bail in case arising out of the FIR No. 489/2023, under Ss. 420/467/468/471/475/406/120B/34/201/384 of the IPC, registered at Police Station, Mohan Garden. These applications are being disposed of by the present common judgment as they arise out of the same FIR. The applicant in BAIL APPLN. 3395/2024, i.e., Arun Sachdeva, shall be hereinafter referred to as applicant No. 1 and applicant in BAIL APPLN. 71/2025, i.e., Sangeeta Sachdeva, shall be hereinafter referred to as applicant No. 2.

(2.) The case of the prosecution against the present applicants, as per the status report dtd. 25/10/2024 authored by SHO, PS Mohan Garden, is as follows: -

(3.) During the course of the investigation, it was revealed that out of 7 properties, 4 properties mortgaged with HDB Finance Services Limited had been cleared by two individuals, Suraj Vadhawan and Rajesh Vadhawan, who, thereafter, executed their agreement to sell of 3 properties. It is stated that the aforesaid persons have also filed a complaint dtd. 9/6/2023 at P.S. Hari Nagar against the persons mentioned therein including the present applicants and the same is also pending investigation. It is further stated that these properties were transferred in the name of Naveen Kumar by forging the NOC of three complainants, namely, Mahavir Prasad, Rekha and Rhythm Gautam. It is alleged that another property was transferred in the name of the sister of the applicant no. 1, namely, Meenu Chopra, wife of Sumit Chopra. It is alleged that during further enquiry, on 4/7/2023, the accused persons, including the present applicants, had submitted a photocopy of the 7 properties and e-stamp certificates of those properties when verified from Stock Holding Corporation of India, were found to be fake and fabricated. Similarly, photocopy of properties papers obtained/submitted from Naveen Kumar, Sumit Chopra and Bhushan Batra were also verified from Stock Holding Corporation of India and were found to be forged and fabricated. It was further revealed that another FIR No. 425/2023, under Ss. 420/34 of the IPC has been registered against the accused persons including the present applicants by one Ruchi Gupta at P.S. Hari Nagar, which is pending investigation.