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High Court of DelhiBAIL APPLN./4453/2024

Mehar Batra v. The State Govt Of NCT Of Delhi

2024-12-11Hon'Ble Mr. Justice Jasmeet Singh4 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 4453/2024 MEHAR BATRA .....Petitioner Through:

Mr. Neeraj Kumar Saha and Mr.

Simran Deep Singh, Advs.

versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through:

Ms. Priyanka Dalal, APP for State.

SI Vandana, DIU, West Distt./PS Punjabi Bagh.

Mr. Amrendra Nath Shukla, Adv. for complainant with complainant.

Mr. Manish Yadav, Senior Asstt.

from Sub-Registrar-IIA, Punjabi Bagh, Nangloi.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.12.2024 1.

This is a petition filed under section 482 of BNSS seeking grant of anticipatory bail to the petitioner in the event of arrest in FIR No. 453/2024, dated 05.09.2024 registered at P.S.

Punjabi Bagh under Sections 419/420/467 IPC, 1860.

2.

A detailed order has been passed on 25.11.2024 in Bail Application No. 4284/2024, whereby the father of the petitioner, namely, Mr. Kamal Batra has been granted anticipatory bail.

3.

As per the FIR, the allegations are that the petitioner along with his father i.e. Mr. Kamal Batra, had forged a sale deed with respect to flat No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

127, (MIG), Second Floor, Madipur, Delhi-110063 i.e. the complainant's property. It is stated that the petitioner along with his father had dealt with the said property of the complainant based on the forged sale deed. 4.

Thereafter, the parties were referred to mediation to Mr. Anil Kumar Verma, Adv on account of disputes subsisting between them and the parties have arrived at a settlement whereby, the father of the petitioner i.e. Mr. Kamal Batra on behalf of himself and the petitioner had undertaken to pay an amount of Rs. 5.8 lakhs to the complainant/Ms Rajni Jain towards full and final settlement of all the claims of the complainant. 5.

A Demand Draft bearing No. 865941, dated 11.12.2024, drawn on State Bank of India for a sum of Rs 2,00,000/- and a cheque bearing no. 353516, dated 10.01.2025 for a sum of Rs 3,80,000/- has been handed over in court today.

6.

The petitioner assures that the cheque on presentation shall be honoured.

7.

In addition, the petitioner undertakes to join the investigation and cooperate with the Investigating Officer SI Vandana, P.S. Punjabi Bagh. 8.

The petitioner is also directed to comply with all the terms and conditions of the order dated 25.11.2024 passed in Bail Application No. 4284/2024. The observation in the said order shall also be read as part of this order.

9.

In view of the aforesaid facts and circumstances of the present case, the present petition is allowed.

10.

It is directed that in the event of arrest of the petitioner in FIR No. 453/2024, dated 05.09.2024 registered at P.S. Punjabi Bagh under Sections 419/420/467 IPC, 1860, the petitioner be released on bail subject to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner furnishing a personal bond in the sum of Rs. 10,000/- with one surety of like amount to the satisfaction of the concerned Investigating Officer and also subject to the following further conditions:- (i) The petitioner shall join investigation as and when called by the concerned IO;

(ii) At the time of furnishing the bail bond, the petitioner shall provide his mobile number, which the petitioner undertakes to keep operational at all times during the pendency of the trial.

(iii) The petitioner shall also furnish his permanent residential address to the concerned Investigating Officer and in case of change of the residential address, the petitioner shall duly inform the Investigating officer.

(iv) The petitioner shall not leave the country without the permission of the competent court and if the petitioner has a passport, he shall surrender the same to the Investigating Officer;

(v) The petitioner shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.

(vi) The petitioner shall not indulge in any act or omission that is unlawful, illegal or that would prejudice the proceedings in pending cases, if any (vii)The petitioner shall regularly appear before the trial Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present petition.

12.

In case the cheque bearing no. 353516 is dishonoured when presented, the complainant/Ms. Rajni Jain will be at liberty to file an appropriate application.

13.

With these directions, the petition is disposed of. JASMEET SINGH, J DECEMBER 11, 2024/akc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.