TARUN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE contour of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of anticipatory bail and emanating from the record is that, a Group of Companies of the accused were the owner of land approximately measuring 115 acres, situated in the villages Fajjupur, Neemaka and Faridpur, District Faridabad. The accused were stated to have executed a Deed of Assignment of the development rights, (Annexure P -2). The complainant claimed that in spite of the Assignment -Deed, the accused have sold the land measuring 13 Kanal 1 Marla, by means of registered sale -deed dated October 13, 2010 and mortgaged approximately 7.4.1 acres of land to different persons. In this manner, the accused were stated to have violated the terms & conditions of the Assignment -Deed (Annexure P -2) and committed the indicated offences. In the background of these allegations and in the wake of complaint of complainant -Yashpal Antil, Authorized Signatory of M/s DD Housing Limited(for brevity "the complainant"), the present criminal case was registered against the petitioner and his other co -accused, vide FIR No. 645 dated 12.11.2010, on accusation of having committed the offences punishable under Sections 420, 406, 468, 471 and 120 -B IPC, by the police of Police Station Sector 12, Faridabad Central, in the manner depicted here -in -above. Now, petitioner -Tarun Kumar son of Ashok Kumar, has preferred the instant petition for the grant of anticipatory bail in the indicated case, invoking the provisions of Section 438 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) AS is evident from the record that, the complainant claimed that the petitioner and his other co -accused have alienated some portion of their land by way of different sale and mortgage -deeds in complete violation of terms & conditions of Assignment -Deed (Annexure P -2). Meaning thereby, prima facie the dispute appears to be purely of a civil nature based on the documentary evidence.