High Court of DelhiBAIL APPLN./213/2016

Manoj Kumar v. State Of NCT Of Delhi

2016-11-18Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 213/2016 MANOJ KUMAR ..... Petitioner Through : Mr. S.K. Rai, Adv.

versus STATE OF NCT OF DELHI ..... Respondent Through : Ms. Neelam Sharma, APP

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.11.2016 Learned counsel for the petitioner submits that present FIR no. 343/2009 under Sections 448/420/467/471/34/120-B IPC was registered pursuant to the directions of learned Metropolitan Magistrate passed under Section 156(3) of the Cr.P.C. Counsel for the petitioner further submits that petitioner himself is a victim. He had purchased the property in question from one Kanhiya Lal vide General Power of Attorney, Agreement to Sell etc., all dated 4th October, 2008. Petitioner has provided all the documents to the Investigating Officer, inasmuch as specimen signatures have also been taken. Petitioner has cooperated in the investigations. Learned APP has contended that FIR was pursuant to the directions

passed by the trial court under Section 156(3) of the Cr.P.C. Complainant has alleged in the FIR that he had purchased the property in question from one Shri Rattan Singh on 9th October, 1990 and raised a boundary wall. Thereafter, he left for his home town in Himachal Pradesh. When he returned to Delhi, he found petitioner was in possession of the property. Complainant has alleged that petitioner had prepared forged documents. It has not been disputed that petitioner has cooperated in the investigations, which are now complete.

It is further submitted that petitioner is not required for custodial interrogation.

Keeping in mind the totality of circumstances, it is ordered that in case of arrest, petitioner be released on anticipatory bail subject to his furnishing a personal bond in the sum of `25,000/-(Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Officer/SHO concerned. Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

NOVEMBER 18, 2016 rb