Full Text
HIGH COURT OF DELHI
Delivered on: 07.12.2022
SANDEEP KUMAR ..... Applicant
Through: Mr. Siddharth Pandit & Mr. J.K.
Sharma, Advs.
THROUGH CHIEF SECRETARY ..... Respondent
Through: Ms. Priyanka Dalal, APP for State SI Vinay Siwas, PS Adarsh
Nagar with complainant, Mr. Vijay Ahuja
JUDGMENT
1. The present application has been filed seeking regular bail in FIR No. 393/2022 filed under Section 420/467/468/471/120B/34, Indian Penal Code, 1860 (IPC) registered at Police Station Adarsh Nagar.
2. The FIR was registered at the instance of Mr. Vijay Kumar Ahuja who alleged that a property bearing no. 9, measuring 250 sq. yards, situated in Khasra No. 259/217/4, Hanuman Road, Adarsh Nagar Extension, Delhi, has been grabbed by the accused persons. It is alleged that the property in question was handed over to Mr. Ombir Singh for removing the garbage from the plot to keep the sanitation condition of the plot in proper manner.
3. It is further alleged that possession of the property was taken over by the accused, Sanjay Pehalwan and his associates from Ombir. Accused Sanjay Pehalwan had got forged documents prepared wherein it was shown that the applicant had sold the property in question to Sanjay Pehalwan by a sale deed dated 26.03.2021.
4. Learned Counsel for the applicant submits that the applicant had not signed any sale deed. He further submits that the prosecution has not been able to find proof of any receipt of consideration for the purpose of execution of the alleged forged sale deed and the applicant has nothing to do with the co-accused.
5. He further submits that the applicant is not a beneficiary of the alleged sale deed and there is no allegation against the applicant that, by executing the said forged sale deed, he is trying to grab the property. Learned Counsel for the applicant further states that the applicant has never been involved in any other criminal case.
6. Learned Counsel for the State submits that the proceeding in the case is at the initial stage and charges are yet to be framed.
7. She submits that the applicant has executed the forged documents in favour of the co-accused, Sanjay Pehalwan.
8. The charge sheet has already been filed.
9. Considering the fact that the applicant is in judicial custody since 12.06.2022, the chargesheet has already been filed and the investigation is complete, the allegations of forgery and any involvement of the applicant will be proved in trial. The applicant at this stage does not seem to be beneficiary of the alleged forged sale deed. This Court feels that no useful purpose would be served by keeping the applicant in further incarceration and it would be apposite to release the applicant on bail.
10. In so far as the apprehension that the witnesses are yet to be examined and the applicant may try to influence the witnesses, the same can be taken care of by putting appropriate conditions.
11. In view of the above, the applicant is released on bail on furnishing a bail bond for a sum of Rs 50,000/- with one surety of the like amount to the satisfaction of learned Trial Court on the following conditions: a. The applicant shall provide his mobile number to the Investigating Officer (IO) concerned/SHO concerned which shall be kept in working conditions at all times. The applicant shall not switchoff, or change the same without prior intimation to the IO concerned, during the period of bail; b. The applicant shall regularly appear before the learned Trial Court. c. The applicant shall not leave the Jurisdiction of State of NCT of Delhi without informing Concerned IO/SHO. d. The applicant shall not indulge in any criminal activity or any illegal activities during the bail period. e. The applicant shall not contact the witnesses in any manner.
12. The bail application stands disposed of. AMIT MAHAJAN, J DECEMBER 7, 2022 “SS” / KDK