Bal Krishan Gera v. State ( Govt Of NCT Of Delhi)
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 609/2015 & CRL.M.B.3229/2015 BAL KRISHAN GERA ..... Petitioner Through:
Mr.Rohit Bhardwaj, Advocate versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:
Ms.Kusum Dhalla, APP for the State with SI Nabin Kumar PS Chanakya Puri
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R
% 19.04.2016 1.
By way of this application, petitioner is seeking anticipatory bail in case FIR No.71/2015 registered under Sections 420/468/471 IPC read with Section 120-B IPC at PS Chanakya Puri, Delhi. 2.
Various status reports have been filed from time to time. 3.
The application seeking anticipatory bail was first taken up for hearing on 7th April, 2015. On that date while issuing notice to the State with direction to file status report, it was also directed that in the meantime petitioner shall not be arrested. The petitioner was also directed to join the investigation as and when required. For almost more than a year, the petitioner has enjoyed the protection and participated in the investigation. 4.
The above FIR has been registered on the basis of complaint made by Timothy Ayers, Assistant Regional Security Officer, Regional Security Office, U.S.Embassy, New Delhi regarding producing forged document for VISA of USA. The accused Navneet Kaur was arrested. In her disclosure statement she named the petitioner, Balkrishan Gera, Inspector Municipal
Corporation, Phagwara, Punjab was to be the person who forged the certificate of Guru Ravi Dass College for Women and charged ` 15,000/- for the job.
5.
On behalf of the petitioner, Mr.Rohit Bhardwaj, Advocate has submitted that the said certificate was sent to Regional Forensic Science Laboratory, New Delhi but the signature on the forged certificate could not be connected to the petitioner. He further submitted that the petitioner had again given his signature to the investigating agency for comparison and he is ready and willing to join the investigation. 6.
The factum of the petitioner joining and cooperating in the investigation is not disputed by the State.
7.
Copy of the RFSL report has been annexed with the status report and relevant portion of the report has been extracted in the status report as under:- "Specimen signature of accused Navneet Kaur and specimen signature and handwriting of accused Balkrishan Gera were obtained during investigation and the same were deposited in FSL Delhi vide RFSL (CH.P.) No.-2105/DOC-158 for obtaining expert opinion over forged signatures and handwritings used in this case. The result of the same has been obtained from RFSL Yashwant Place dated 03/02/2016 wherein Ms.Sarita Sharma, Scientific Assistant stated that "It means that handwriting of author of questioned document Q1 to Q9 is matched with the specimen signature of accused Navneet Kaur.
However the outcome of result pertaining to the principal's signature marked as Q10 is not known since no report could be given by RFSL regarding Q10 for want of standard writing of the concerned person. It is submitted that since investigation is going on, more efforts would be made to obtain standard writing of the concerned person including the accused. The copy of the result is attached herewith for the kind perusal of this Hon'ble Court."
8.
Taking into consideration that the petitioner had been granted protection by this Court in April, 2015 and the fact that the petitioner, who is a government servant, is not required for custodial interrogation, it is directed that in the event of his arrest, he shall be released on bail on his furnishing personal bond in the sum of ` 50,000/- with one surety of the like amount to the satisfaction of concerned IO/SHO. 9.
Petitioner is directed to join the investigation as and when required by the Investigating Officer.
10.
The application stands disposed of.
11.
Order dasti.
PRATIBHA RANI, J.
APRIL 19, 2016 'pg'