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Rajkeen Saifi vs. State N.C.T. Delhi

Bail Application · 2026:DHC:7583Decided 7 Sept 2026New Delhi Bench
BAIL APPLN. 3691/2026CNR: DLHC010416872026
Justice Girish Kathpalia

Background

The applicant had sold two-thirds of her property to one buyer by a registered sale deed in 2016, then separately signed an agreement to sell the entire property (including the already-sold portion) to a different complainant in 2017 and took ₹10 lakh from him, and later sold the remaining share to a third person without disclosing the earlier agreement to anyone. She sought anticipatory bail, arguing it was purely a money-lending dispute involving her husband's debt.

Decision Breakdown

The Court rejected the "just a civil dispute" argument, noting she had taken money against a property she had already substantially sold, and had concealed this earlier agreement even from the person who bought the remaining share afterward. The Court held that a transaction can carry both civil and criminal liability at once, and declined to grant anticipatory bail, leaving the trial court to independently assess the evidence.

Lesson Learnt

Selling or promising the same property or asset to more than one buyer while concealing earlier commitments can attract criminal liability for cheating, not just a civil claim for money: courts will not automatically treat such disputes as purely civil in nature.

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