Gushan Kumar vs The State Govt. Of Nct Of Delhi
2018 Latest Caselaw 7039 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                    Judgment delivered on: 28.11.2018

+     BAIL APPLN. 141/2018

      GUSHAN KUMAR                                      ..... Petitioner
                           versus

      THE STATE GOVT OF NCT OF DELHI                    ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr. Murari Tiwari with Mr. Rahul
                          Kumar, Advocates.

For the Respondent     :   Mr. Hirein Sharma, APP for the State.
                           ASI Deshraj, PS Mandawali.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

28.11.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks anticipatory bail in FIR No.674/2014, under Sections 420/467/468/471/34 IPC, Police Station Mandawali Fazad Pur.

2. It is contended that in a matrimonial dispute, between the complainant of the subject FIR against her husband and his family members, one Bill allegedly issued by the petitioner was produced by the wife - complainant. The allegation against the petitioner is that the said Bill has been found to be forged.

3. Learned counsel for the petitioner submits that the FIR emanates out of a matrimonial dispute between husband and wife and the petitioner has no concern with the subject FIR.

4. It is contended that as far back as in 2012, the petitioner had informed the Investigating Officer, who was then investigating the complaint filed by the complainant before the Crime Against Women (C.A.W.) Cell that the said Bill has been stolen from the Bill Book and has not been issued by the petitioner.

5. The petitioner was granted interim protection by order dated 18.01.2018 subject to joining investigation.

6. Learned APP for the State, under instructions from the Investigating Officer, submits that the petitioner did join investigation and also gave his specimen signatures, which was sent to Forensic Science Laboratory for verification. The Bill Book was also furnished by the petitioner to the Investigating Officer. Learned APP for the State submits that the investigation qua the role of the petitioner is nearly complete and he has cooperated.

7. Without commenting on the merits of the case and keeping in view of the facts and circumstances of the case and on perusal of the record, I am of the view that the petitioner has made out a case for grant of anticipatory bail.

8. Accordingly, it is directed that in the event of arrest, the

arresting officer/IO/SHO shall release the petitioner on bail on his furnishing a bail bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned.

9. The petition is disposed of in the above terms.

10. Order Dasti under signatures of the Court Master.

NOVEMBER 28, 2018                         SANJEEV SACHDEVA, J
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