YADWINDER DEEP SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner seeks pre-arrest bail in a case registered against him on 5.5.2009 for the offences under Sections 448, 452, 420, 467, 468, 506 and 120B IPC at Police Station Sector 3, Chandigarh.

(3.) The FIR in the case has been registered on the statement of Rajiv Vashisht, who has alleged that he was a tenant since 7.8.2008 at First Floor of House No. 1014, Sector 8-C, Chandigarh. He had taken the said house on rent from Suresh Inder Singh vide agreement dated 7.8.2008. After 5-6 days, his friend Yadwinder Deep Singh (petitioner) came to the house of the complainant and said that he had to live there for 2-3 days as a guest. He started living in his house. On 13.8.2008, the complainant went abroad and after about 8 days when he came back, he saw that his friend (petitioner) had placed his furniture in the bed room, dining room and store room. When he asked in this regard, the petitioner replied that this furniture had been purchased by him for his wife and children and upon getting the house he would take away the entire articles. Thereafter, the complainant again went abroad and on arrival saw that his friend Yadwinder Deep Singh (petitioner) had taken an Airtel Landline connection in the house. The landlord of the complainant also told him that lot of people visit his friend and that he had given his house only to him (complainant). The complainant then asked his friend (petitioner) that he had come over there as a guest and he should take away his articles and vacate his house. Upon this Yadwinder Deep Singh (petitioner) stated that he has more articles than him (complainant), therefore, the complainant should vacate the house. The petitioner himself made information regarding tenant in his own hands and appended forged signatures of the landlord and the application was dated 13.10.2008. He gave the information to the Beat Box, Sector 8, Chandigarh. The complainant came to know this from him when he asked his friend as to why he had done this fake work. The petitioner then threatened to kill the complainant and asked him to vacate the house. The petitioner also filed a case against the complainant and his landlord in the District Court at Chandigarh which was to the effect that he may be allowed to live in that house. During proceedings of the Court, it came to the fore that the petitioner had appended with his case file Airtel Landline bill, statement of HDFC Bank, Sector 9, Chandigarh, T.V. Bill and electricity Bill. The aforesaid documents, it was alleged, had been appended by the petitioner in order to prove himself the tenant. In this regard, the complainant had also given an application to the SSP. The petitioner and his 2-3 friends had trespassed into the house of the complainant and by preparing forged documents he had threatened to kill him. It was requested that legal action be taken. The complainant had apprehension of danger to his life; besides, the petitioner had forcibly taken possession of the house and had tried to forcibly push the complainant out and also insulted him. On the said statement, the FIR was registered.