SUNITA GUPTA,J. - (1.) This is the third application under Section 438 Cr.P.C moved by the petitioner for grant of anticipatory bail in case FIR No.441/14 under Section 448/511/427/420/468/506/471/34 IPC registered with Police Station, Burari.
(2.) FIR in the instant case was filed on the basis of a complaint made by Shri Shreekesh Morya in respect of property/plot measuring 850 sq. yards out of khasra No.122/15/12 min (Old Khasra No.1052) situated in the area of village Burari, Delhi against Bhushan Verma, H.S. Rawat and two more unknown persons.
(3.) Counsel for the petitioner submits that petitioner is bona fide joint purchaser of property which has been sold by co-accused Bhushan Verma on 25.05.2014 and possession was handed over on the very same date and petitioner is in possession of the property in question. The petitioner also lodged a complaint on 04.06.2014 that some persons are trying to take forcible possession of the property in question but instead of taking action against those persons, the police registered FIR against the petitioner and other co-accused H.S. Rawat and Bhushan Verma. In fact, the so-called complainant Vinod Kumar Garg who is the main conspirator and cheater on the one hand is fighting with V.K. Electrical and V.K. Electrical filed a petition for cancellation of mutation before the DC in 2012. A civil suit was filed by the petitioner in this Court and order of maintenance of status quo was passed. That Vinod Kumar Garg entered into a settlement with V.K. Electrical. The property was transferred despite passing of the status quo order. A petition for quashing of FIR was moved. Vide order dated 19.10.2015 this Court granted liberty to the petitioner to move application for anticipatory bail which was filed before the learned Additional Sessions Judge, however, the same has been dismissed vide order dated 19.12.2015. Petitioner is the bona fide purchaser of the property. Vinod Kumar Garg is neither the owner nor in possession of the property in question. Co-accused Bhushan Verma and H.S.Rawat have already been released on bail, as such, petitioner is also entitled to the same relief.;