Anticipatory bail may be granted where the prosecution fails to demonstrate the necessity for custodial interrogation or present sufficient evidence of ongoing criminal activity.

ORDER

(VIA VIDEO-CONFERENCING)

Rajnish Bhatnagar, J. The present bail application has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 10/2021 under Section 420 /468/471 IPC registered at P.S. R.K. Puram, New Delhi.

2. Briefly stated the facts of the present case are that initially one Avtar Singh Sunner S/o Tarsem Singh R/o ward No. 9, 11G, Sri Ganganagar, Rajasthan had filed a complaint against petitioner Tejinder Pal Singh which was received at SP office Sri Ganganagar, Rajasthan from passport office Jaipur for enquiry.

3. It has been alleged in that complaint that the petitioner is a history-sheeter of PS Kotwali, Sri Ganganagar, Rajasthan and he has been involved in activities with Bhinderwala and has also been in jail. His photo is also in police station and despite this he has passports from Delhi and Jaipur. It is also alleged that the passport issued from Jaipur got renewed and the petitioner is travelling abroad. Complainant Avatar Singh demanded an enquiry that how a history-sheeter got a passport and renewed it.

4. The said complaint was sent to SHO PS. Kotwali, Sri Ganganagar, Rajasthan Vide SP office, letter Dt. 29.08.2018 for enquiry which was conducted by E.O. ASI Lal Bahadur Chander PS Kotwali. As per enquiry report, petitioner Tejinder Pal Singh S/o Surjit Singh is basically a resident of H.N. 416, Vinoba Basti, Sri Ganganagr Rajasthan and presently, has been residing at H.N. 619 in the same locality since 2011. He has criminal back ground and has been involved in criminal activities since 1983. He was declared history-sheeter of PS Kotwali in 1992 and due to observation on him for being a history-sheeter, it was not possible for him to get any passport at his above address. But he concealed these facts and applied for a passport in 2005 at Passport Office, Bhikaji Cama Place, Delhi while showing himself a permanent resident of 3rd floor, H.N. 407, New Rajender Nagar, Delhi, actually the resident of his sister-in-law namely Mis Manju Tehri W/o Kailash. With passport application form, he produced a forged/edited voter card of Delhi, bearing No. DL/07/067/12409 Dt. 29.12.1995 showing his name and photograph on it and a fake school transfer certificate of Govt. School, Bibirani. Alwar, Rajasthan. After enquiry both documents were found forged and it came to notice that voter ID card that he edited actually belongs to Kailash S/o Hukumchand, (husband of Manju). On the basis of above false information and forged/fabricated documents provided by the petitioner, he was issued passport No. F2911333 valid from 30.03.2005 to 29.03.2015, by passport office, Bhikaji Cama Place, Delhi. After expiry of the above passport, he got a new passport bearing No. N5299438 dt. 30.11.2015 from Jaipur Passport Office, at his actual address i.e. H.N. 619, Vinoba Basti, Sri Ganganagar, Rajasthan in continuation to the previous passport.

5. After enquiry, having found the jurisdiction of Delhi, the matter was sent to Superintendent, Regional Passport Office (RPO), Bhikaji Cama Place, R.K. Puram Delhi by SP, Sri Ganganagar vide its office letter dt. 17.6.2019. Further. Mr. Suresh Yadav, Senior Superintendent (Policy), Regional Passport Officer, Delhi filed a complaint dt. 15.12.2020 to the DCP, South West Delhi for registration of FIR against the petitioner for furnishing false information, suppressing information regarding criminal case(s)