1. Relief sought
The jurisdiction of this Court has been invoked under Section
482 Bhartiya Nagarik Suraksha Sanita, 2023, for grant of anticipatory
bail/pre-arrest bail to the petitioner in FIR No.0890 dated 18.10.2022 under
Sections: 406, 420, 120-B IPC Police station: Azad Nagar, Hisar, Haryana.
2. Prosecution story setup in the present case as per the version in
the FIR as under:-
“Legal action accused 1. Mahender son of Mahabir
Prasad 2. Manju wife of Mahender, 3. Ajay son of
Mahender, all Residents Gan-10,15 NewSaket Colony, Azad
Nagar Hisar. 4. Patwari Halka Village Gagwa, Tehsil and
District Hisar andother accused applicant make the following
request that 1. I, Kuldeep Singh son of Shri Patram, resident
of village Jhumpa Kalan, District Bhiwani, a peace loving
and law abiding person. 2. That Accused No. 02 Manju wife
MahendervideVasika No.10721 dated 22.03.2010 had
purchased house No.12-B, land measuring 09 Marla area
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situated at Gangwa, Tehsil and District Hisarby my wife Smt.
Manti Devi. (certified copy of sale deed is attached
herewith). 3. That accused No.2 took a loan of
Rs. 60 lakhs by mortgaging the above Plot No.12 videVasika
No. 16075 dated 12.02.2013 with The
Oriental Bank of Comra, Archan Estate-2, Hisar.
(Certified copy of mortgage deed is attached
herewith). 4. That the PatwariHalqaaccused
No. 4 made an entry in the revenue record on the
said mortgage deed, which was recorded as
No. 435.5. That Accused No.2 along with her
husband accused No. 1 Mahender prepared a fake
redeemletter dated 28.03.2013 by obtaining fake
signature of O.B.C. Bank officer and accused No.4 in
connivance with PatwariHalgathe above plot is shown as
redeemed in the revenue record and accused No.4 in collusion
with accused No.1 and 2 prepared rapat No.554 and the
above plot measuring 09 marla has been shown in the
revenue record as neat and clean. That accused no.02 Manju
knowingly that above plot is mortgaged with O.B.C. Bank,
vide sale deed vasika-10 100 dated 04.04.2014, half of the
above plot was sold to Dharamveer’s son for Rs. 72,900/-,
marla half share of above plot of her husband Bhoon i.e. this
area i.e. marlato Sanjeev Malik son of Dhandhir in lieu of
7,29,000/- and the share of above plot No. 12-1 is of different
register. 7. That accused No. 2 Manju transferred half share
of the above plot to Mahender accused No.1 through release
deed Vasikanumber. (Certified copy of release deed is
attached herewith). 8. That the accused No.1 Mahender took
the said plot No.12-B of 100 square yds. through sale deed
vasika No. 2602 dated 14.06.2017 in the name of my wife
Smt. Manti Devi and took Rs. 6, 50,000/- from me at the time
of registration. (Certified copy of sale deed is attached
herewith). 9. That on 14.06.2017 accused No.1, out of above
land vide vasika No. 2003,50 sq. yds. land has been
transferred in the name of his son accused
No.3. It is relevant to mention here that the accused No. 1 was
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the owner of 122 sq. yards in Plot No. 12-B on the basis of
fraud, out of which on 14.06.2017, he has transferred 100 sq.
yards to my wife Smt. Manti Devi and 50 sq.
yards to his son Accused No.3. (Certified copy
of release deed is enclosed herewith). 10. That
Accused No.3 Ajay, vide sale deedvasika No. 9876
dated 29.01.2021, sold 15 sq. yds. of land in
favor of Smt. Manti Devi and grabbed Rs.