Vishal Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the applicant-Vishal Kumar for regular bail in connection with the Case Crime No. 281 of 2023, registered at police station Kotwali Dehradun, District Dehradun.

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

The prosecution’s case is that false title deeds/sale deeds were made for vacant lands located in Dehradun or those lands whose owner do not reside in Dehradun. The said forged sale deeds/title deeds were replaced with the original sale deeds/title deeds kept in the Sub-Registrar Office, Dehradun. During the investigation, it was found that the present applicant in collusion with co-accused had prepared a false sale deed in favour of his father. After making the said false sale deed, the applicant’s father executed a will in favour of the applicant. The said false sale deed was sent to the Forensic Science Laboratory for examination

Mr. Pratiroop Pandey, A.G.A., opposing the said bail application, argued that it is clear from the report of the Laboratory that the said document is false.

Mr. Aditya Singh, Advocate, contended that the bequeathed property was purchased by the applicant’s father from one Smt. Swaroop Kumari through a registered sale deed. The report of the Forensic Science Laboratory is inconclusive. Applicant is not a previous convict. He is a permanent resident of District Muzaffarnagar (U.P.), therefore, there is no likelihood of his absconding. He is in judicial custody since 29.09.2023. Charge-sheet has already been filed. Co-accused of the similar role, namely Kamal Virmani, Dal Chand Singh and Imran Ahmad have already been granted regular 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 deserve bail at this stage.

The Bail Application is allowed.

Let the applicant-Vishal Kumar 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 with the following conditions:-

i) Applicant shall attend the Trial Court regularly and he will 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.