Amit Mahajan JUDGMENT
Amit Mahajan, J.
1. The present application is filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) praying inter alia for grant of pre-arrest bail in FIR No. 365/2022 dated 17.06.2022, registered at Police Station Dayalpur, New Delhi, under Section 420/467/468/471/506/120B Indian Penal Code, 1860(IPC).
2. The FIR was registered on a complaint made by Mohd. Wasim.
It was alleged that the complainant was defrauded by the applicant and other co-accused persons. One 'Bhuvan/Bhuwan Chand' entered into an agreement with the complainant to sell the property bearing House No. C-10/442, Gali No. 10, Brijpuri, New Delhi for a sum of ` 95 lakhs.
3. It is alleged that the said Bhuvan Chand and his associates including the applicant showed him the original documents of the said property and stated that Bhuvan Chand is the owner of the same. The complainant, on being induced by the accused persons, executed a Bayana agreement dated 08.11.2021 and paid a sum of ` 40 lakhs as advance. He agreed to pay the balance sum of ` 55 lakhs on 08.12.2021 at the time of execution of the documents of the property.
4. It is further alleged that thereafter on 15.11.2021, a further sum of ` 5 lakhs was paid to the Bhuvan Chand who handed over the possession of one floor of the said property. The complainant claims to have kept some of his belongings in the said floor. On 08.12.2021, the complainant along with the balance amount reached the agreed place for the purpose of execution of the documents where Bhuvan Chand was not found and on being called, he informed the complainant that a bogus transaction had been entered into.
5. The complainant thereafter reached Bhuvan Chand's house but the house was found locked from outside. On being called, it is alleged that the accused Bhuvan Chand also threatened the complainant. It was also found that the property was in the name of Bhuvan Chand's mother who had never transferred it in his name.
6. Initially, none of the accused persons joined investigation. The accused 'Bhuvan Chand', however, is stated to have been arrested on 31.07.2022.
7. The police, thereafter, filed a chargesheet. It was mentioned that the accused Bhuvan Chand along with his accomplices conspired to prepare forged papers of the property belonging to his own mother, induced the complainant and cheated him of ` 45 lakhs.
8. It was also mentioned that the accused/applicant has not joined the investigation against whom the NBWs have been issued by the Court and further investigation in that regard is pending.
9. The application filed by the applicant under Section 438 of the CrPC was dismissed by the learned Additional Sessions Judge by order dated 08.09.2022.
10. Learned counsel for the applicant submits that as per the allegation, his role is only that he was present at the time when the complainant allegedly handed over money to the main accused, namely, Bhuwan Chand and that the applicant has signed the alleged Bayana Agreement as witness. Further, it is also alleged that the applicant has retained a sum of Rs. 19 lakhs out of Rs. 40 lakhs.
11.........