High CourtsSingle Bench

Vinod Kumar vs The State

Delhi High Court · Decided on 4 September 2014 · Citation: (2014) 3 JCC 2176

HON’BLE JUDGES
Sudershan Kumar Misra, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 120B, 34, 406, 420, 467
CASE NUMBER
Bail Application No. 1945 of 2014
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Judgment

5 paragraphs · 399 words

Sudershan Kumar Misra, J.—This petition has been moved under Section 438 Cr.P.C. by Vinod Kumar seeking anticipatory bail in respect of FIR No. 101/2009 registered under Sections 420, 467, 468, 471, 406, 506, 120-B, 34 IPC at police station Chhawla. Issue notice.

2.

Mr. Amit Ahlawat, Additional Public Prosecutor, accepts notice. The aforesaid FIR is stated to have been lodged against as many as 10 persons at the instance of Munshi Lal, claiming to be the owner of property No.C-136, Khasra No. 21/15, revenue village Qutub Pur Residential Colony, Qutub Vihar, Phase-I, New E-Block, New Delhi, measuring 100 sq. Yards; where it is alleged, inter alia that the accused persons have forged documents in the name of one Narender Singh and his wife Smt. Kamlesh Devi, and thereafter have, "forcibly and coercibly taken possession of the said plot....". It is alleged that all the accused persons have been holding out threats to the complainant.

3.

Counsel for the State submits that pursuant to the investigation carried out by the police, certain documents have been seized, including a title document with regard to plot No. 112, which has allegedly been interpolated to give the impression that the document relates to property No. C-136. This document is stated to have been recovered from one Narender Singh and has been sent for further forensic analysis. The FIR was lodged in the year 2009. At the same time, another FIR No. 72/2009 pertaining to another plot measuring 150 sq. yards., carved out of the same plot No. C136, was also registered, where the petitioner was arrested on 13/14.01.2014 and was granted regular bail on 15.02.2014 by the court below.

4.

It is also stated that whilst he was in police custody in connection with FIR No. 72/2009, the petitioner''s specimen signatures etc. were duly obtained, and further interrogation was also carried out with regard to any alleged involvement of the petitioner with regard to devolution of plot No. C-136, Khasra No. 21/15, revenue village Qutub Pur Residential Colony, Qutub Vihar, Phase-I, New E-Block, New Delhi.

5.

Under the circumstances, in the event of arrest, the petitioner shall be released on bail on his furnishing a personal bond of Rs. 25,000/- along with one surety of the like amount to the satisfaction of the Arresting Officer. The petitioner shall join the investigation as and when required by the police. The petition stands disposed off.