Rohtash vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for regular bail in connection with the First Information Report No. 107 of 2023, registered at police station Kotwali Dehradun, District Dehradun.

The applicant-Rohtash is in judicial custody under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860.

The case of the prosecution is that the applicant was the Munshi/Clerk of an Advocate, namely, Kamal Virmani. He was involved in preparation of forged sale deeds with Kamal Virmani. The forged sale deeds were replaced with the original sale deeds kept in the Sub-Registrar Office, Dehradun and mutation proceedings have also been initiated on the basis of the said false sale deeds. During the investigation, involvement of the present applicant was found in the present matter.

Heard Mr. Rahul Consul, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. Rahul Consul, Advocate, contended that the applicant has been falsely implicated in the present matter. He was working under the direction of Kamal Virmani. Co-accused- Kamal Virmani has already been granted bail by this Court. The alleged forged sale deeds have not yet been declared forged by any competent Court. Applicant is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding. The present case rests on the documentary evidence and all the relevant documents have already been filed by the Investigating Officer along with charge-sheet. Applicant is in judicial custody since 19.08.2023, and, he is not a previous convict.

On the other hand, Mr. Pratiroop Pandey, learned A.G.A., has opposed the bail application orally. However, he conceded that the co-accused-Kamal Virmani has already been granted bail by this Court.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Rohtash be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.