RAJINDER NARANG Vs. STATE OF DELHI

JUDGEMENT

(1.) Vide this order, I shall dispose of an anticipatory bail application filed on behalf of the petitioner Rajinder Narang under section 438 Cr.P.C. in FIR No. 149/2019 u/s. 420/406/120-B IPC.

(2.) Ld. Counsel for the petitioner has prayed for an anticipatory bail on the ground that petitioner is innocent and has been falsely implicated in the present FIR. The son of the petitioner is running a well reputed and prestigious gym namely "Olympia" in Greater Kailash-II, New Delhi for the last more than 20 years. He had initially purchased the basement of the premises in question bearing no. S-569 Greater Kailash-II, New Delhi-110048 sometime in the year 1998. Later on the first and second floor of the above mentioned premises was also purchased. Son of the petitioner was in occupation of ground floor of the said premises. For the last two years due to the ongoing sealing drive, the son of the petitioner suffered business loss. Due to which the son of petitioner, decided to sell the respective floors of the premises to the complainant. In accordance with the agreement to sell, certain amounts were paid by the complainant to the son of the petitioner. The sale transaction was to be completed on or before 30.11.2018. The complainant was delaying the payment and a legal notice was also issued to him in this regard. Instead of paying the balance amount of sale consideration, the complainant in order to harass the petitioner instituted civil suit against the petitioner in respect of the said premises for specific performance and also sought injunction restraining the petitioner form selling the said premises. It is a matter of record that daughter-in-law of the petitioner on 09.08.2019 got the registration of the sale-deed done in respect of her portions i.e. first and second floor in the said premises in favour of the complainant. The complainant has made payment of the necessary loan amount to the financial institution like India Bulls (Rs. Two Crores) for second floor and from Reliance Capitals (Rs. Three Crores & ten Lacs) for second and first floor flats. The petitioner has been falsely implicated in this case. No useful purpose will be served by keeping him in custody as he has no role in the commission of offence. It is submitted that petitioner is ready to join the investigation as and when required and in these circumstances, it is prayed that petitioner be granted anticipatory bail and SHO/IO be directed to release the petitioner in the event of his arrest.

(3.) The application is opposed by the Ld. APP for the State on the ground that the allegations against the petitioner are serious in nature. He is involved in an offence of cheating and he in criminal conspiracy with other co-accuseds misrepresented the status that property is free from all encumbrances. He has, therefore prayed for dismissal of the bail application.