GAYATRI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this application is for setting aside the order, dated 07.08.2013, Annexure R/1, whereby the relief of anticipatory bail was granted to the non -applicant -petitioner, Gayatri Devi.

(2.) BRIEF facts of the case are that applicant -informant Rajpal presented an application before the Commissioner of Police, Gurgaon, and the same was marked to Economic Offences Wing, Gurgaon. It was averred that Anil Verma and his wife Gayatri (non -applicant -petitioner) entered into a written agreement dated 21.03.2012 to sell their plot measuring 84 sq.yard for a consideration of Rs. 43,50,000/ - (Rupees forty -three lacs and fifty thousand only) and both of them received Rs. 8,50,000/ - (Rupees eight lacs and fifty thousand only) as earnest money from the applicant -informant - Rajpal. The target date to execute the sale deed was 20.06.2012. The non -applicant petitioner and her husband did not come present in the Office of Sub Registrar for getting the sale deed registered on the target date, however they assured that the sale deed would be executed on 21.06.2012. The applicant -informant remained waiting for the non -applicant -petitioner and her husband for the whole day but they did not come to the Office of Sub Registrar on 21.06.2012. On verification the applicant -informant learnt that the non -applicant -petitioner and her husband had sold 42 Sq.yards land out of the demised premises to other persons and on his pointing out, the accused persons fraudulently refused to return the earnest money or to get the sale deed registered in favour of the applicant -informant. Even the accused persons threatened the applicant -informant to implicate him in false cases. At the time of entering into the agreement, the applicant informant had put his lock on the shutters existing at the entrance of the plot, but later on the same was removed by the accused persons. The applicant -informant had spent about Rs. 1,50,000/ - (Rupees one lac and fifty thousand only) for obtaining no objection certificate from the Municipal Corporation, Gurgaon.

(3.) THE non -applicant petitioner -Gayatri Devi moved an application for grant of anticipatory bail before learned Additional Sessions Judge, Gurgaon, which was dismissed vide order dated 23.02.2013.