VANDANA GROVER Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks anticipatory bail under Section 438 of the Criminal procedure Code in respect of FIR No. 194 of 2006 under Sections 419/420/468/471 of Indian Penal Code registered at Police Station Rajender Nagar. Learned counsel for the petitioner has contended that the complaint dated 18th May, 2006 filed by the complainant is false and the FIR was registered after a considerable delay on 9th November, 2006. The husband of the petitioner was arrested on 26th November, 2007 and was released on bail on 2nd June, 2008 and thereafter the petitioner is being threatened with the arrest. It is contended by the petitioner that the respondent has filed the charge sheet without taking original documents from the complainant and has declined to take various documents from the petitioner which will show the innocence of the petitioner. The husband of the complainant is stated to be a blackmailer and it is alleged that the police is hand-in-glove with him. The husband of the complainant is alleged to have threatened and harassed innocent property owners by giving them loans at lucrative rates of interest and have usurped their properties which are mortgaged by them. Learned counsel for the petitioner has filed the copies of various FIRs by different persons whose properties are alleged to have been grabbed by the husband of the complainant in the area.

(2.) THE accusation against the petitioner is that the property bearing no. 22/8, Lower Ground Floor, New Rajender Nagar, was sold by her on 4th september, 2002 by way of general power of attorney and other related documents to Shri Birender Kumar on 4th September, 2002 who allegedly sold the said property to the complainant. It is also alleged that the complainant had let out the said property to the husband of the petitioner, Shri Jagdish Grover. The petitioner is alleged to have sold the aforesaid property also to Shri Amit mangal on 13th April, 2006.

(3.) REGARDING the alleged sale to Shri Biredner Kumar, it is contended that a loan of Rs. 5. 00 lakh was taken from Shri Birender Kumar which amount was repaid by the husband of the petitioner by pay order 593727 dated 26. 12. 2002 for rs. 2. 50 lakh drawn on Indian Overseas Bank, Haldwani and another pay order of rs. 2. 00 lakh which was also given by the husband of the petitioner from his Bank account No. 8583 with the Central Bank of India, Chunna Mandi, Paharganj. The pay order for Rs. 2. 00 lakh was drawn in favor of the mother, Smt. Shakuntala rani, of Shri Birender Kumar. The details of other amounts paid are also given by the petitioner.