The importance of considering the accused's compliance with bail conditions and relevant materials indicating prima facie involvement in deciding on anticipatory bail applications.

Sunita Gupta, J.

1. This is a petition u/s 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 moved by the petitioner for quashing the order dated 22.05.2013 whereby respondent no.2 was granted anticipatory bail. It is the case of the petitioner that accused/respondent no.2 sold a plot bearing No.J-262, New Alipore, Kolkata for a consideration of Rs. 60 lakhs and further took another Rs. 33 lakhs on the pretext of helping the complainant to obtain possession of the plot. When the possession was not delivered, then on inquiry the complainant came to know that he has been cheated by the accused as the papers turned out to be forged and fabricated, as such, a complaint was made to the police on 15.12.2009. However, no action was taken on the complaint and a report was submitted that no cognizable case was made out. Thereupon a complaint was made by the complainant before learned Metropolitan Magistrate. Vide order dated 30.08.2012, the SHO, P.S. Defence Colony was directed by the learned Metropolitan Magistrate to register FIR and investigate into the offences alleged by the complainant. Pursuant thereof FIR No.93/2012 was registered u/s 420/467/468/471/120-B IPC. Despite registration of the case, the true status was not brought forth by the Investigating Officer. This led to change of investigation which was transferred to District Investigation Unit, Malviya Nagar, New Delhi.

2. Apprehending his arrest, the respondent moved an application seeking anticipatory bail before the High Court on 14.05.2013 which was withdrawn on 20.05.2013. Thereafter an application was moved before the District Courts. Vide order dated 22.05.2013, the application was allowed and the respondent no.2 accused was ordered to be released on bail on furnishing a personal bond in the sum of Rs. One lakh with one surety in the like amount to the satisfaction of the SHO/IO concerned. He was further directed to submit his passport and not to leave the country without the permission of the Court. He was also directed to join investigation whenever required by the Investigating Officer.

3. Aggrieved by this order, the present petition has been filed seeking setting aside of the order on the ground that the learned Judge ignored the fact that the Investigating Officer along with the APP had opposed the bail and agitated before the Court that accused is not co-operating in the investigation. Various important factors were ignored while granting bail. The respondent had gone to the extent of forging and fabricating documents pertaining to Government authorities. He has forged the title deeds as well as demand notices purportedly issued by the Kolkatta Municipal Corporation to induce the complainant to believe in the genuineness of the transaction. The assessee number was also forged as it belonged to some Mukesh Jain. A false case was registered by the respondent accused before the learned Executive Magistrate, Alipore upon nonexisting facts only in pursuance of his ulterior design to cheat the complainant. After obtaining an ex parte injunction against the opposite party, the suit was dismissed in default without service to the opposite party. Custodial interrogation of the accused is essential to recover the original forged and fabricated documents; to know modus operandi as to how he prepared and forged the fabricated documents; to know the persons from Kolkata Municipal Corporation and other persons who have aided and participated in colluding with respondent no.2 in the commission of the offences. Respondent no.2 is a master mind which is evident from the fact that the complainant has been cheated in a planned way. He first won over the trust of the complainant and then after forging various documents cheated the complainant, as such it was prayed that the order dated 22.05.2013 be set aside.

4. Respondent no.1/State has filed the status report. It was submitted that in pursuance to the order passed by learned Additional Sessions Ju