ISHWAR vs STATE (NCT OF DELHI)

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21.03.2025 ,,,,,,,,,, + BAIL APPLN. 4108/2024 ISHWAR .....Petitioner Through: Mr. Rajbir Singh Sagar, Advocate. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Aman Usman, APP for the State. Mr. Imran Khan, Mr. Inam-Ul- Haq, Advocates for complainant. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. This is an application for grant of anticipatory bail filed by the applicant Ishwar, under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 [“BNSS”] (under Section 438 Cr. PC) in case FIR No. 0311/2023, dated 13.06.2023, under Section 420/467/468/471/120-B IPC, PS Prem Nagar, Delhi. 2. The present FIR has been registered on the basis of a complaint received from complainant Ms. Malti Mahawat, wife of Sh. Dilip Mahawat. In her complaint, she stated that she had purchased property Bail Appln. 4108/2024 Page 1 of 4 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:25.03.2025 19:17:49 bearing Plot No. A-176/23-B, land admeasuring 32 sq. yards, Khasra No. 26/24, Mundaka, Hind Vihar, Prem Nagar-III, Delhi on 21.03.2022 from the applicant Ishwar through mediator Madan Mahawat, based on GPA for a consideration of Rs. 11,60,000/-. Out of the total amount of Rs. 11,60,000/- given to the alleged Madan Mahawat, only Rs. 9,50,000/- was paid to the applicant Ishwar by him. Complainant’s neighbour informed her that a person namely Naushad had forcibly occupied her plot and is making construction. Naushad claimed that he was the owner of the plot in question. Madan Mahawat and Ishwar initially promised to return the money to the complainant, but despite several requests, the money was not returned. 3. The Investigating Officer has submitted the status report.