The court held that anticipatory bail is warranted where pre-trial incarceration lacks justification, emphasizing the presumption of innocence and the nature of allegations.

JUDGMENT :

ANOOP CHITKARA, J.

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents.

3. Vide order dated 15.01.2025, interim protection was granted to the petitioner and the said order is continuing till date.

4. The facts and allegations are being taken from the translated version of FIR, Annexure P-1, which reads as follows:

“Copy of complaint no. 287, RAMA, Dated 05.10.2023, To, SSP, Bathinda. Subject Complaint for taking action against Gurnam Singh son of Mukhtiar Singh, Amarjit Kaur wife of Gurnam Singh, residents of Raaman, District Bathinda and Charanjit Kaur wife of Amrik Singh, resident of Raaman, District Bathinda, Sub-Registrar (Tehsildar) Sukhbir Kaur Boparai, Tehsildar Talwandi Sabo, District Bathinda and registration of FIR. Sir. It is humbly requested that (1) That we, Gurdas Singh son of Harbant Singh and Kartar Kaur wife of Harbant Singh, are residents of Raaman, District Bathinda and are peace loving citizen. (2) That we are permanent residents of above said address and we are owner in possession of land measuring 20 Kanals 07 Marlas being co- sharers in total land measuring 141 Kanals 07 Marlas having 37/257 share comprising in Khewat no. 444/401, Khatauni no. 403 to 413 situated in the revenue estate of Village Raaman, Tehsil Talwandi Sabo, District Bathinda as per jamabandi for the year 2021-2022 and Chand Kaur @ Pritam Kaur D/o Bhagat Singh son of Kartar Singh is also our co-sharer, who has been died in the year 1989 in Malaysia and her legal heirs are still residing in Malaysia. Unattested copy of registry and Power of Attorney are annexed. (3) That accused Gurnam Singh had prepared a forged and bogus General Power of Attorney of dated 19.01.1998 in the name of Chand Kaur @ Pritam Kaur, which is said to be executed in Malaysia, but this General Power of Attorney is neither registered nor the same has got executed by Chand Kaur @ Pritam Kaur. The above said General Power of Attorney has been given pertaining to the property of Chand Kaur @ Pritam Kaur, whereas this General Power of Attorney is absolutely false and prepared forged and the same was not executed by Chand Kaur @ Pritam Kaur as she has been died in the year 1989 and this fact is in knowledge of all the co-sharers and Gurnam Singh claiming himself to be General Power of Attorney holder of Chand Kaur. This General Power of Attorney prepared through Notary Public and on the basis of this false General Power of Attorney, the above said accused Gurnam Singh has registered a sale deed no. 2252, Dated 17.09.2021 in the name of his wife Amarjit Kaur and in the name of his brother's wife namely Charanjit Kaur pertaining to land measuring 20 Kanals 19.66 Marlas owned and possessed by Chand Kaur @ Pritam Kaur. (4) That the above said General Power of Attorney neither registered from any authority of Malaysia and nor the above said General Power of Attorney is registered as per the rules of Government of India and nor any appropriate authority of India has given any recognition, due to which the above said General Power of Attorney could not be supposed to be valid and accused Tehsildar (Sub- Registrar), Talwandi Sabo, without making any inquiry pertaining to the above said General Power of Attorney, has registered the above said sale deed in favour of accus