RAM CHAND GUPTA, J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 55 dated 20.03.2012, under Sections 420/467/468/471/120B IPC, registered at police station Sadar Ambala, District Ambala.
(2.) I have heard learned counsel for the petitioner and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ambala dismissing bail application filed by the petitioner. Brief allegations are that, complainant is 100% blind. He had purchased a plot from previous owner and entered into an agreement with the present petitioner to raise construction over the same. Construction was raised by the present petitioner. Charges used to be paid by complainant in installments. However, during those transactions petitioner taking undue advantage of blindness of complainant, got his signatures on some documents and got fabricated a rent deed regarding the said premises. Petitioner- accused applied before the concerned authorities for obtaining license for starting the business in the said premises on the basis of said rent deed.
(3.) IT has been contended by learned counsel for the petitioner- accused that dispute is civil in nature and that earlier as well an application was moved by the petitioner before Superintendent of Police, Ambala, Annexure P2 that despite giving on rent the premises in dispute to petitioner by the complainant, he is trying to interfere in possession of petitioner. It is also contended that matter was also inquired into by the police and statement of complainant was also recorded by the police and it came during inquiry that the dispute is civil in nature. It is further submitted that moreover civil suit was also filed by the petitioner against complainant for injunction, which was later on withdrawn.;