The court granted bail based on the prolonged custody of the petitioner and the nature of evidence being documentary, mitigating the risk of tampering.

JUDGMENT :

Manjari Nehru Kaul, J.

1. Petitioner is seeking the concession of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case FIR No. 10 dated 06.05.2024 under Sections 409, 420, 465, 466, 467, 471, 120-B of the IPC and Section 13(1)(a) read with Section 13(2) of the Prevention of Corruption (Amendment) Act, 2018, registered at Police Station Vigilance Bureau Range Ferozepur.

2. Learned counsel for the petitioner submits that the petitioner has been in custody since 06.05.2024 in a case of false implication. It has been further submitted that even otherwise, the only role attributed to the petitioner is of having stood as a guarantor when his son raised a loan of Rs. 40 lakh from the HDFC Bank and he wrongly identified his son to be the owner of a land, which was in the name of one Kaushalya Devi. Learned counsel has asserted that since investigation in the present case is complete and challan also stands presented, his further incarceration would serve no useful purpose as there can be no apprehension of the petitioner tampering with evidence as the entire case of the prosecution hinges on documentary evidence

3. Learned State counsel, while opposing the prayer and submissions made by the counsel opposite, has not disputed the custody period of the petitioner as well as the stage of trial.

4. On a pointed query, it has been submitted that the charges are likely to be framed on the next date of hearing i.e. 20.11.2024 and as many as 22 witnesses have been cited by the prosecution. However, learned State counsel has drawn the attention of this Court to the allegations levelled in the FIR, which has been annexed as Annexure P-1 and stands reproduced herein-under:

“First Information Contents (Attach separate sheet, if required): Contents of First Information Report (attach separate paper if required)- Vigilance Bureau Range Ferozepur. Chief Officer Police Station Vigilance Bureau Range Ferozepur. From the investigation into Complaint No. 89/19 Ferozepur, it is found that according to Jamabandi for the year 2013-14 of Village Bahadur Ke, Hadbast No. 301-303, Khewat No. 127-126 Khatouni No. 208 Murabba No. 28/17/2/01 Area 14 Marlas 28/17/2/03 Area 01 Kanal 12 Marlas, 28/18 Area 07 Kanal 04 Marlas, 28/23/2/01 Area 18 Marlas, 68/6 Area 8 Kanals, Total Area 25 Kanals 19 Marlas, Kaushalya Devi widow of Hans Raj 1/4 share, Puran Chand son of Hans Raj 1/4 share, Krishna Lal son of Hans Raj 1/4 share and Rajinder Kumar son of Hans Raj 1/4 share, are owners, which are recorded in jamabandi of Patwar of Halqa Patwari and their details are recorded in Part Patwar. Navdeep Singh son of Davinder Singh son of Pal Singh, resident of Kohar Singh Wala, Tehsil Guruharsahai, District Ferozepur, prepared fake computerized jamabandi of the said land for the year 2013-14, Hadbast No. 301-303 of which Khewat No. 127, Khatouni No. 208 Total Area 164 Kanala Area Village Bahadur Ke, Tehsil Guruharshal, District Ferozepur, in connivance with then Revenue Patwari Vinod Kumar, Halka Bahadur Ke and Joginder Singh alias Bittu who worked with him privately, in connivance with Fard Kendra Guruharsahal, District Ferozepur Incharge Parminder Singh, A.S.M. The fake Jamabandi was prepared by using the user ID of Halka Revenue Patwari Vinod Kumar No. 0420. It may also be mentioned here that as per the instructions of the Revenue Department, the computerized record of any Halka Revenue Patwari cannot be opened without his fingerprint and no change can be made. Vinod Kumar Patwari and Joginder Singh alias Bittu at Parminder Singh ASM Fard Kendra Guruharshahai, on his User ID. No. 420 had got the thumb impression of his private assistant Savinder Singh alias Bittu also registered. This thumb impression was uploaded in the revenue department system by Parminder Singh ASM, Fard Kendar Guruharsahai, whereas Parminder Singh ASM was well aware that only the thumb impression of the current revenue patwari had to be uploaded. So all the work of Vi