Amit Kumar vs State
2008 Latest Caselaw 1569 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI
+                           Bail Appl. No.1817/2008
%                        Date of Decision: 05.09.2008
Amit Kumar                                            .... Petitioner
                         Through Mr.Ajay Paul, Advocate
                                  Versus
State                                                  .... Respondent
                         Through Mr.Amit Sharma, APP for the State.
                                 SI Ranbir Singh, P.S.Mukherjee Nagar.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.      Whether reporters of Local papers may be             YES
        allowed to see the judgment?
2.      To be referred to the reporter or not?                NO
3.      Whether the judgment should be reported in            NO
        the Digest?


ANIL KUMAR, J.

*

This is a petition under Section 438 of Criminal Procedure Code

for grant of anticipatory bail to the petitioner. The petitioner contends

that he had applied for the post of constable in Delhi Police in the year

2006 and the application of the petitioner has been rejected by the

police department on the ground that the petitioner/applicant had

allegedly submitted a false certificate. Consequent to the alleged false

certificate produced by the petitioner an FIR No.168/2007 has been

registered against the petitioner under Section 420/468/471 of IPC.

According to the petitioner the certificate has been got verified from an

inappropriate authority.

The learned counsel for the petitioner has contended that a

number of other candidates had submitted the certificates which have

been rejected and FIRs have been registered against them and in some

of the cases the anticipatory bails have been granted. The learned

Additional Public Prosecutor for the State, Mr.Sharma on instructions

contends that some of the candidates similarly situated have been

granted anticipatory bail. The petitioner contends that he is not

involved in any other criminal case previously and he belongs to a good

family and has roots in the society and there is no possibility of

petitioner's absconding. It is further asserted that no recovery is to be

made from the petitioner in respect of the alleged certificate on the basis

of which an FIR has already been registered against him.

In the circumstances, the petition is to be allowed and the

petitioner is entitled for anticipatory bail. Consequently, in the event of

his arrest the petitioner be released on furnishing a personal bond in

the sum of Rs.20,000/- with one surety of like amount to the

satisfaction of the Arresting Officer/Investigating Officer. The petitioner

shall appear before the Investigating Officer as and when directed by

him and shall not influence any of the witnesses.

Petition is disposed of. Dasti.

September 05, 2008                                ANIL KUMAR, J.
'K'