Full Text
BAIL APPLN. 2396/2017
Order reservedon: 6'^ December, 2017
Orderpronounced on: fy^JDecember, 2017 1.
MANJU RANI Petitioner
Through: Mr. Pawan Kumar Bahl and Mr. Amit Nayyar, Advocates.
Through: ;;:Mrv Akshai M-klik, APP for. State with
SI Subhash Chandra, PS Model Town
Code of Criminal ProGedurle,v l"^f3t';^.^reinafter referred to as
'Cr.P.C.'), the petiti6heigi^feg||i^ anticipatory bail in case FIR No. 92/2016 under Sections 419/420/467/120-
B/596/34 ofthe Indian Penal Code, 18_6;0:i(hereinafter referred to as TPC) registered at Police Station, Model Town, New Delhi.
JUDGMENT
2. The present case is registered on the complaint of Raj Babu alleging that Mukesh Singhal and Manju Rani/present petitioner in connivance with each and their associates have succeeded in obtaining an OBC certificate for their daughter Himani Singhal on the basis of fake, forged, false and fabricated document with duplicate signatures as well rubber stamp of Executive BAIL APPLN. 2396/2017 Page[1] of[3] 2017:DHC:8790 u Magistrate and misused the same in getting admission of their daughter in Government Hansraj College, Delhi whereas the family belongs to 'General Category'.
3. Learned counsel for the petitioner contended that the petitioner and her family members have been falsely implicated in the instant case; that when the daughter of the petitioner applied for graduation course in the year 2008-09, some persons approached the husband of the petitioner,and daughter to help. them in getting the admission of his daughter on payment of certain amount, but they:wefe not aware the documents annexed with the applicationifoffi^ her fanaily had never applied or obtained any OBC certificate, hence no case under Section 419 IPC is made out against the petitioner; that the ingredients ofall the offences are not conipleted ^nd-the petitioner is ready and willing to join thei-l-investigafi^li^^'and cooperate with the authorities; that ev^niif s&% g^^ bail £ fi-v 0+QX[7] /%! 1+ 1 riw ol-vl/a +y^
4. and is allowed to stay out shB':Mll-'ti^'i3^ to tamper with the evidence since it is in documentary form. On the other hahi^:^learhed.,AEB^?:ffbr!? State opposed the present anticipatory bail application and submitted that the petitioner was directly involved in the commission of the alleged offence; that the petitioner is not cooperating and evading her arrest. BAIL APPLN. 2396/2017 Page[2] of[3] ( !
5. I have heard the leaned counsel for the parties and perused the material placed on record.
6. From the perusal of the record, it emerges that the daughter of the petitioner Himani Singhal took admission in Hansraj College, Delhi under 'OBC Category' whereas as per her school admission form, she mentioned herself to be a 'Hindu' belonging to the Caste of 'Aggarwal'. On verification of alleged OBC Certificate No. OBC/02/02/32/1829/6/7/2005/ 61293 dated 24.04.2005, it is revealed that the same was issued to one Pramod Kumar S/p/LateiShri Erahlad Singh ^o M-83B, Chanakya Place, New^;Ddhi Moreover, response from Principal Hans Raj College, Delhi''m respect of the query as to how the daughter of the:petitionei)jgbt admission under 'OBC r:. i'"'Q ii? ij;- Category' despite she hayinga|piifii under 'General Category', is awaited.
7. Keeping in view the:;fkctsl;ariid^ of the present case and the allegations levelled' agaiflst the petitioner, this Court does not deem it fit to grant discretionary relief of anticipatory bail to the petitioiferi^^A;ee6rding]^r^^^i-esent petition seeking anticipatory bail stands dismissed.
8. Before parting with above order, it is made clear that anything observed in the present petition shall not have any bearing on the merits ofthe case during trial. A SANGI]^pt^jGRA SEHGAL, J. DECEMBER\^, 2017/ gr BAIL APPLN. 2396/2017 Page[3] of[3]