IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Anurag Goel – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
Bail Appln. 558 of 2023
Decided On : 25-05-2023
Anticipatory Bail - Forgery - The court granted anticipatory bail to the petitioner under sections 420/467/468/471/120-B IPC, considering the lack of evidence to demonstrate the petitioner's involvement in creating the alleged forged Will and the fact that other co-accused had been admitted to anticipatory bail.
Fact of the Case:
The petitioner sought anticipatory bail in a case registered under sections 420/467/468/471/120-B IPC for alleged forgery at PS Alipur, Delhi. The petitioner had joined the investigation and provided a specimen signature but had not cooperated fully.
Finding of the Court:
The court confirmed the interim order and granted anticipatory bail to the petitioner, imposing specific conditions related to cooperation with the investigation, travel restrictions, communication, and change of contact details.
Issues: The issues involved the petitioner's cooperation with the investigation, lack of evidence linking the petitioner to the alleged forgery, and the bail status of other co-accused.
Ratio Decidendi: The court considered the lack of evidence demonstrating the petitioner's involvement in creating the alleged forged Will and the fact that other co-accused had been admitted to anticipatory bail as key factors in granting bail.
Final Decision: The petitioner was admitted to anticipatory bail upon furnishing a personal bond and surety, subject to specific conditions related to cooperation with the investigation and travel restrictions.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been under section 439 Cr.P.C for grant of Anticipatory Bail on behalf of the petitioner under section 420/467/468/471/120-B IPC registered at PS Alipur, Delhi bearing FIR No. 180/2022.
2. Learned APP for the State on instructions states that the petitioner has joined the investigation and given a specimen signature but has not cooperated with the investigation. However, IO states that the recovery of forged documents is yet to take place.
3. Learned senior counsel for the petitioner submits that it has already been recorded that even the case of the prosecution as recorded in the order dated 21.02.2023 that there is no evidence with the investigating agency to demonstrate who created the alleged forged Will. Learned senior counsel for the petitioner submits that the petitioner is merely a bona fide buyer and other co-accused have already been admitted to anticipatory bail.
4. Taking into account of facts and circumstances of the case interim order dated 21.02.2023 stands confirmed. Petitioner is admitted to anticipatory bail furnishing personal bond of Rs.50,000/- with one surety of the like amount to the satisfaction of the concerned IO/SHO, subject to the following conditions:
a) the petitioner shall cooperate and join the investigation as and when directed;
b) the petitioner shall not leave NCR without prior permission of the concerned Court.
c) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
d) the petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times;
e) the petitioner shall drop a PIN on the Google map to ensure that his location is available to the Investigating Officer; and
f) in case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.
5. With the above directions, the present petition stands disposed of.
The grant of anticipatory bail was influenced by the lack of evidence linking the petitioner to the alleged forgery and the bail status of other co-accused.
Anticipatory bail granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
The court granted anticipatory bail, emphasizing the need for judicious discretion in bail applications while considering the nature of accusations and the applicant's role.
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