Hari Krishna Maram v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1861/2017 HARI KRISHNA MARAM ..... Petitioner Through:

Mr. Anand Sanjay Nuli and Mr.

Anubhav Dubey, Advocates.

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

Mr. Tarang Srivastava, APP for State with SI Bhanu Pratap, P.S. EOW.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 15.11.2017 The petitioner seeks anticipatory bail on the ground that he is ready and willing to join investigation in FIR No. 82/2017 dated 18.05.2017 lodged by the President's Secretariat/complainant that the petitioner/accused had posted on his Facebook page a letter of appreciation allegedly issued from the office of the President of India, although no such letter has been issued; the said letter is forged; the petitioner has been flaunting the forged letter of appreciation in order to promote himself and to make commercial benefit by promoting his book on digital marketing. Notice was issued to the accused but he did not join the investigation. A non-bailable warrant has been issued against him by the learned Metropolitan Magistrate concerned on 03.11.2017.

The petitioner's bail application before the Additional Sessions Judge, Patiala House Courts was rejected inter alia on the ground that when inquired whether the petitioner was in possession of the original of the said letter of appreciation allegedly signed by President of India, the reply was in the negative. Today also the circumstance remains the same.

The application is opposed by the respondent on the following grounds:- "1. The alleged forgery in the case has been committed in the name of the Hon'ble President of India.

2. The accused did not join the investigation of the case despite having been served notice U/S 41.1. Cr.P.C.

3. The accused has, in his application for Anticipatory Bail, not denied the commission of the grave offence of forging a letter in the name of the Hon'ble President of India, the highest constitutional office of the country, and posting the same on social media, i.e. Facebook. By doing so, the accused has, dishonestly leveraged the office of the highest constitutional authority to promote his book on Digital Marketing.

4. The custodial interrogation of the accused is essential to ascertain the source of the forgery and to seize the device used to prepare this forged letter as well as to seize the alleged forged letter.

5. The investigation of the case is in initial stage and the accused may tamper the evidence or influence the witnesses.

6. On 09.08.2017, the anticipatory bail application of petitioner was dismissed by Shri Rakesh Pandit ASJ, Patiala House Courts, New Delhi.

7. On 03.11.2017, Hon'ble Metropolitan Magistrate Court issued Non Bailable Warrant against accused Dr. Hari Krishna Maram."

In view of the aforesaid circumstances, the Court finds no reason to grant anticipatory bail.

The application is dismissed.

NAJMI WAZIRI, J NOVEMBER 15, 2017 RW