Anticipatory bail granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.

Order :

1. Apprehending their arrest in connection with FIR No. 13/2024 registered at Police Station Tapukda, District Bhiwadi for the offence(s) under Sections 467 and 468 of IPC , the petitioners have preferred this anticipatory bail application under Section 482 of BNSS.

2. Learned counsel for the accused-petitioners submits that petitioners have falsely been implicated in this case. The main allegation is against other co-accused Deen Mohammed, who has already been enlarge on regular bail by this court. He further submits that custodial investigation of the accused petitioners is not required. The petitioners are not the actual beneficiary to the alleged transaction but co-accused Deen Mohammed is the actual beneficiary. The petitioners were not aware that Deen Mohammed has forged the document, petitioners signed the agreement as witnesses. The matter is exclusively triable by Magistrate. Petitioners are ready and willing to cooperate with the investigation.

Pursuant to the interim order petitioners appeared before the concerned investigating officer, therefore the anticipatory bail application of the petitioners may be allowed.

3. Learned Public Prosecutor vehemently opposes the bail application and submits the factual report.

4. Considering the overall allegations levelled in the FIR and contentions made by the counsel for the parties. The Main allegation of forging the document is against other co-accused Deen Mohammed. The petitioners are not the actual beneficiary but they have signed the alleged forged document as witnesses. The matter is exclusively triable by Magistrate and custodial investigation of the petitioners is not required. The petitioners have already appeared before the concerned investigation officer. Therefore, considering the above facts, without expressing anything on merits / demerits of the case and looking to the fact that custodial investigation of the present petitioners is not required, I deem it just and proper to allow the anticipatory bail application of the accused-petitioners.

5. Accordingly, the anticipatory bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioners- 1. Aasu S/o Shri Sumer Khan, 2. Shermohammad S/o Naththu, in connection with FIR No.13/2024 registered at Police Station Tapukda, District Bhiwadi they shall be released on bail, provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

(iii) that the petitioners shall not leave India without previous permission of the court.