Rajesh v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 173/2020 RAJESH ..... Petitioner Through:

Mr Manish Rohilla, Advocate.

versus STATE ..... Respondent Through:

Mr Amit Gupta, APP for State.

SI Sunder Singh, PS BHD Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.02.2020 CRL.M.A. 1392/2020 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

BAIL APPLN. 173/2020 3.

The petitioner has filed the present petition, inter alia, praying that the petitioner be released on bail in connection with FIR No. 0275/2019 under Sections 420/467/468/47/448 of the IPC registered with Police Station Baba Haridas Nagar.

4.

The allegation against the petitioner relates to a property measuring 60 sq. yards bearing Plot No. 2, Khasra No. 24/7, Janta Vihar, Jharoda Road, Najafgarh. It is alleged that the petitioner had sold the said property to one Mr Praveen Maan, despite not having any title to the same. 5.

The petitioner claims that he had acquired the said property from one Ravi Shankar, who in turn had acquired the same from Smt. Sanjho Devi. It

is alleged that the deeds produced by the petitioner are forged and fabricated. Inquiries from Ravi Shankar could not be made as he could not be traced. The petitioner states that on inquiries, it was revealed that Ravi Shankar had expired and his death certificate was also produced. 6.

The charge-sheet has already been filed and the original of the relevant documents have been seized. The Trial Court had directed that further investigation be conducted and a supplementary report be filed, thereafter. The petitioner has been in custody since 29.08.2019. It is seen that the principal evidence against the petitioner are the documents set up by him.

7.

Considering the facts and circumstances and the nature of the allegations made, this Court is of the view that it is not necessary to restrain the petitioner in judicial custody.

8.

The present petition is, accordingly, allowed. 9.

The petitioner is directed to be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety of an equivalent amount to the satisfaction of the concerned Trial Court. This is also subject to the petitioner complying with the following conditions: (a) The petitioner shall fully cooperate with further investigation. (b) The petitioner shall not leave the National Capital Region. (c) He shall mark his presence in the concerned police station (Police Station Baba Haridas Nagar) on the first Monday of every calendar month.

(d) The petitioner shall also refrain from contacting the complainant

either directly or indirectly or trying to influence any of the witnesses either directly or indirectly.

10.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J FEBRUARY 12, 2020 RK