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Judgment
Sanjeev Sachdeva, J
Petitioners seek anticipatory bail in FIR No.321/2018 under Sections 448/511/380/323/34 IPG, Police Station Gokulpuri.
As per the allegations in the FIR, the petitioners along with other family members are alleged to have forcefully entered the house of the respondent
complainant to evict them. It is alleged that they have stolen several articles from the house.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated. He submits that all the family members of the
petitioners including the ones who had expired several years ago have been named in the FIR, which shows that the allegations in the FIR are false.
He submits that the petitioners purchased the subject property from the complainant, who executed all the title documents in favour of the petitioners
but the complainant has now raised a dispute over handing over of the possession of the property.
Learned counsel for the petitioner submits that the reading of the FIR shows that the subject dispute is a civil dispute which has been given a colour
of criminal complaint.
Learned Addl. PP, under instructions, submits that the investigation is complete and the charge-sheet is in the process of being finalized for being
filed in Court.
Learned counsel for the respondent/complainant submits that there is an apprehension that the petitioners may threaten the complainant.
Keeping in view the totality of facts and circumstances and without commenting on the merits of the case, I am of the view that the petitioners
have made out a case for grant of anticipatory bail.
In the event of arrest, petitioners shall be released on bail on, both the petitioners furnishing a bail bond in the sum of Rs. 15,000/- each with one
surety each of the like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO concerned. Petitioners shall not do anything
which may prejudice the trial or the prosecution witnesses. The petitioners shall not contact the complainant or his family members.
Petition is disposed of in the above terms.
Order Dasti under the signatures of the Court Master.