Case of theft
My name is Ajay Singh resident of Ranjit nagar(New Delhi).
• On July 2015, theft happened in our factory premises in Pitampura where everything including machines, raw material was robbed by our landlord. FIR is registered in the case (Section 380/448) and it is under bale matter now.
• Like to mention that there is no formal rent agreement document between both since 1988. Our factory premise is on nominal rental basis. Our factory work is dormant since 7 years since my father is suffering from paralysis and he needed some time to recover.
• We have Sale, Purchase & Labor job bills for transactions done before 2009. We have 1 or 2 bills w.r.t stolen machines that too very old and a snap of my father with 1 machine at the back in factory premise.
• On the date of incident, another tenant in landlord premise called & informed us about the theft at midnight time. Landlord’s own factory is on the backside of our factory from where he broke the wall and entered in factory premise and stolen all the machines in the midnight at around 12:05. I was out of station when he committed this crime. Next day I visited police station and lodged FIR in person and visited our factory premise with S.H.O. Video footage and photos were taken by police. When we reached landlord workers were installing a door to cover the broken wall.
• As usual, Investigation officer took bribe from accused which is why investigation is not happening. I asked I.O. to retrieve call details of accused which has not been retrieved to add evidence how and when accused plotted the conspiracy. Landlord has threatened the tenants from giving statement in our favor. The day theft happened I sent an online email to police email address and got the receipt from Delhi commissioner.
• We have acknowledgement of FIR mentioning that in 2013 landlord sold a part of our factory space to our factory neighbor. We registered complaint in police but proven futile. We have photos for same as well where wall is getting build.
• We do have acknowledgement of FIR mentioning that in 2014 landlord tried to threaten us and he has broken the lock of our firm and he will throw our items and everything out of the premise such as machines (clearly mentioned). Post FIR, protection and safety was expected from police officials which was not provided. Post this incidence, we gave accrued rent to landlord which he accepted.
• Again landlord refused from accepting the rent starting January 2015 therefore we started sending money orders for same which as well he refused to accept.
• Matter was with the court last month in family court and the accused is granted anticipatory bail followed by interim bail. 3-4 session judges got changed in this hearing, 2 judges asked accused side lawyer why accused is granted bail in this case, 4th judge did not listen us at all and only listen to accused lawyer. He did not seen or asked us for any evidence for which judge should ask us , he didn't.
• As per the bail certified copy i have taken out from court , states accused is granted bail for 50,000/- . Accused side lawyer says that my father already given possession to the landlord 6 months prior the theft happened. We are continuously giving our rent even after the theft happened and stopped it while court hearings as there was no point of paying when govt is interfering in theft case at same premises.
My father who was on rent in this factory is a handicapped person with permanent disability is now fighting to get justice.
Expecting you to kindly advice on how to proceed and challenge to strongly oppose his bail via putting appropriate justification in front of honorable court.