SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 433 dtd. 1/12/2018, registered under Ss. 120-B, 420, 447, 467, 468 and 471 of the IPC at Police Station Sector 56, Gurugram, District Gurugram.

(2.) Learned counsel for the petitioner submits that as per the allegations in the FIR, complainant Ritik Hooda has purchased a plot, developed by Ansal Buildwell Ltd. from one R. B. Yadav on 8/6/2011 for a sum of Rs.24.00 Lakh.

(3.) Learned counsel for the petitioner further submits that it is the own case of the complainant that he had taken physical possession of the plot from R. B. Yadav but he had not raised any construction on the said plot as he was completing his studies. On 28/10/2018, when the complainant visited Gurugram, he was shocked to see that a multistory building has 1 of 4 already been constructed on his plot and on inquiry, it was found that co-accused Manoj Kumar s/o Nand Lal has raised illegal construction over his plot despite the fact that he had conscious knowledge of having sold the said plot in January, 2002 and was left with no more ownership rights over the said plot. It is further stated that the complainant has doubt that the accused has modified and forged the documents to achieve his illegal design.