Poonam Chaudhari vs State Of Uttarakhand

Alok Mahra, J

Applicant Poonam Chaudhari, who is in judicial custody in connection with FIR/Case Crime No. 413 of 2023, under Sections 420, 467, 468, 471 & 120-B of IPC, registered at P.S. Kotwali Dehradun, District Dehradun, has sought her release on bail.

Learned counsel for the applicant submits that, during the course of investigation, a Special Investigation Team (SIT) was constituted in relation to the alleged interpolation in the records of the Sub-Registrar, Dehradun. Pursuant thereto, the aforesaid FIR No. 413 of 2023 was lodged by the complainant, Sandeep Shrivastava, who claims to be the owner of the property in question measuring 467.88 sq. meters, consisting of six bedrooms, four toilets, a garage, and a verandah etc., situated at Mohallah Rajendra Nagar, Kaulagarh Road, Dehradun.

As per the FIR, a sale deed was executed by the father of the complainant in favour of one Swarn Singh on 13.12.1989. It was alleged that there were several interpolations in the original records of the Registrar’s Office, which prima facie showed that the sale deed dated 03.12.1989 was forged. During investigation, the Investigating Officer found that Swarn Singh later executed a gift deed in favour of Amit, who subsequently executed the gift deed in favour of the present applicant. On the basis of the said investigation, the name of the applicant surfaced, and a charge sheet was filed against her under Sections 420, 467, 468, 471, and 120-B of IPC.

Learned counsel for the applicant further submits that no gift deed has been executed in her favour; she has neither derived any benefit nor is she in possession of the property in question, and that no gift deed has been filed along with the counter affidavit.

Learned counsel for the applicant has further submitted that in the same case, the co-accused Kamal Virmani has already been granted bail by the Hon’ble Apex Court on the ground that the charge sheet has been filed. Since the co-accused has been granted bail, the applicant also deserves to be released on bail on parity.

Learned counsel appearing for the State fairly admits the above position.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is thus, allowed and the applicant is directed to be released on bail on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.