Delhi High Court
Vishnu Kumar vs The State on 31 October, 2018
$~27
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on:- 31st October, 2018
+ BAIL APPLICATION NO.2587/2018 and Crl.M.A.35414/2018
VISHNU KUMAR ..... Petitioner
Through: Mr. Mohit Mathur, Senior
Advocate with Mr. R.K. Tarun,
& Mr. Rohit Shukla, Advocates
versus
THE STATE ..... Respondent
Through: Mr. Amit Ahlawat, APP for the
State
Mr. Deepak Dewan, Advocate
for complainant.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER (ORAL)
1. The involvement of the petitioner has been alleged in the acts of
commission and omission forming subject matter of the on-going
investigation into first information report (FIR) No.1990/2013 of
Police Station Karol Bagh, the said acts constituting offences
punishable under Sections 420/468/471/34 of Indian Penal Code, 1860
(IPC). He has come up to this court by the present application seeking
anticipatory bail, he having failed to obtain such relief from the court
of Sessions on similar application (Bail Application No.2966/18)
which was dismissed by order dated 16.10.2018.
2. The bail application is resisted by the respondent/State, as also
by the complainant who had appeared through counsel.
3. Status report has been submitted and both sides have been heard
at length, record perused.
4. The FIR was registered on the complaint of Mr. Jung Bahadur
Singh, a physically disabled person who had applied to the Municipal
Corporation of Delhi (MCD) for allotment of a public call office
(PCO) booth in the quota reserved for handicapped persons. It appears
that the application was made on 13.03.1995 and had led to allotment
of a PCO booth in the vicinity of Police Station Karol Bagh, located at
Hardayal Singh road. It is the grievance of Jung Bahadur Singh that
he did not receive any such allotment and rather the booth allotted in
his name was usurped by a person connected to what he described as
booth mafia. It appears that on the basis of some application later
moved, the allotment of the booth was shifted to another location in
his name, some false documents having been executed purportedly
transferring the right vis-à-vis the booth allotted in the name of Nand
Lal Ahuja, such documents inclusive of a general power of attorney
(GPA) and agreement to sell both dated 23.08.2005. As per the
evidence gathered so far by the police, Nand Lal Ahuja is cousin
brother of the petitioner, he (the petitioner) being an attesting witness
to both the said documents, i.e., GPA and agreement to sell. The
evidence gathered by the police shows that the petitioner, in
connivance, possibly with municipal officials, had got the allotment
letter issued in the name of Jung Bahadur Singh at his own address
and thereafter having taken over the allotted booth, having used it all
along till it was wrongfully transferred, unauthorizedly and illegally,
in the name of his cousin brother Nand Lal Ahuja. The forensic
opinion which has been collected confirms forgery of the document
and the attestation by the notary public also having been fabricated.
5. The petitioner has been avoiding joining investigation and
against this backdrop, duress process having failed to secure his
presence at the instance of the investigating agency, the process under
Section 82 Cr.P.C. has been initiated by the court of Metropolitan
Magistrate.
6. Given the gravity of the offences involved as indeed the elusive
conduct of the petitioner, no case for anticipatory bail is made out.
7. The petition and applications filed therewith are dismissed.
8. This disposes of pending application as well.
R.K.GAUBA, J.
OCTOBER 31, 2018
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