Jitendra Dutt Sharma v. The State

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JITENDRA DUTT SHARMA ..... Petitioner Through:

Mr. Sushil Kumar Singh, Advocate with Petitioner in person.

versus THE STATE ..... Respondent Through:

Ms. Shubhi Gupta, APP for the State with SI Pankaj Kumar, PS: Crime Branch.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 22.01.2024 1.

This is an application preferred on behalf of the Applicant Jitendra Dutt Sharma S/o Satya Prakash under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 20/2023 dated 27.01.2023 under Sections 419/420/468/ 467/ 471/120-B/34 IPC registered at PS: Crime Branch. 2.

On 19.04.2023, this Court had directed the Applicant to report to the IO on 24.04.2023 and join and co-operate in the investigation, subject to which he would not be arrested. Interim order has continued till date and status report has been filed on behalf of the State. 3.

The present FIR originates out of a complaint by Vijay Singh, Inspector Accountant 3rd Battalion of Delhi Armed Police (DAP) received at Crime Branch for lodging FIR and investigating the matter in relation to impersonation, forgery of valuable documents, seals of 3rd Bn. DAP etc. and cheating. Railway warrants have been allegedly misused and on a discreet inquiry from the Government of India Press, Minto Road, New Delhi, it was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

revealed that the railway warrants were not printed in the Government of India Press and the seals/stamps on the allegedly forged warrants were different from those used by the 3rd Bn. DAP, Delhi. Further inquiry revealed that no staff member with the name and numbers mentioned in the said warrants was ever posted in the said Battalion and the warrants were forged by unknown persons with mala fide/dishonest intention for obtaining train tickets from the Railway Department thereby being guilty of cheating. A total of 26 railway warrants were used out of which 15 were used with Northern Railways and 11 with North Western Railways. Details of further investigation have been furnished in the status report including the CDR analysis of the mobile number of the Applicant and the alleged role played by him.

4.

Learned APP, on instructions from the IO, who is present in Court, fairly submits that Applicant has joined investigation and is co-operating and in fact, it is on his disclosure statement that two other persons allegedly involved have been found and are under interrogation. It is further stated that custodial interrogation of the Applicant is not required and as and when the Applicant will be required for further investigation, he be directed to join and co-operate.

5.

Accordingly, interim order granted in favour of the Applicant on 19.04.2023 is made absolute. It is directed that in the event of arrest of the Applicant, he shall be released on furnishing a personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Trial Court and further subject to the following conditions:- (i) Applicant shall not leave the National Capital Territory of Delhi without permission of the Trial Court and shall ordinarily reside at the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

address given in the Trial Court record; any change in residential address shall be with advance intimation to the Trial Court and the IO by way of an affidavit;

(ii) He shall join investigation as and when directed by the IO concerned and will provide the mobile numbers to the IO. The mobile phones will be kept in working conditions at all times and will not be switched off. Any change in mobile numbers will be with prior intimation to the IO;

(iii) He shall appear before the Trial Court as and when the matter is taken up for hearing; and (iv) He shall report to the IO once every month till any further order to the contrary.

6.

Application stands disposed of.

7.

This Court has not expressed any opinion on the merits of the case. 8.

Copy of the order will be sent to the concerned SHO for information and necessary compliance.

JYOTI SINGH, J JANUARY 22, 2024/shivam The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.