MAMTA DEVI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks anticipatory bail in case FIR No.213/2024 of PS Neb Sarai for offence under Sec. 406/420/34 IPC.

(2.) This is one of the old pending 179 bail matters assigned to this bench after transfer from other benches. In the first call, none appeared but matter was passed over in view of its old pendency. In this call, I have heard learned counsel for accused/applicant and learned APP for the State assisted by SI Deepak and Inspector Rakesh Kumar. After conclusion of arguments, it was observed that Inspector Rakesh Kumar had signed the status report dtd. 2/5/2025 as SHO, Neb Sarai; but today, throughout the arguments revolving around a false submission in the said status report, Inspector Rakesh Kumar did not point out that he is the author of that report. Today, IO has not come and is stated to be on leave, so the SHO/Inspector Paras Nath has deputed Inspector Rakesh Kumar to appear before this Court.

(3.) The factual matrix, explained by Inspector Rakesh Kumar is as follows. The accused/applicant was registered owner of the first floor of the concerned premises and her husband was the owner of the second floor of the same premises. Husband of the accused/applicant executed a General Power of Attorney in favour of the accused/applicant pertaining to the second floor. Thereafter, the accused/applicant executed sale deed of both floors in favour of the complainant de facto along with roof rights. The cheating alleged against the accused/applicant is that she falsely stated in the sale deed that the subject property was free from all encumbrances, whereas she had already mortgaged the first floor with IIFL Finance Home Limited. Besides, the accused/applicant also gave an undertaking/NOC that the subject property is free from encumbrances.